The Supreme Court on Thursday declined to interfere with the Election Commission of India (ECI)’s decision to transfer senior bureaucrats and police officers in West Bengal ahead of the Assembly elections.
The Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul M. Pancholi observed that such transfers were a routine feature during elections across the country. It found no reason to intervene in the present case, particularly in view of the upcoming polls.
At the same time, the Bench noted that the petitioner had raised an important legal question regarding whether the ECI was required to consult the State government before ordering such transfers. The Court said this issue involved substantial questions of law and kept it open for consideration in an appropriate case.
Filed by Advocate Arka Kumar Nag, the petition opposed the large-scale transfer of key officials, including the Chief Secretary, Director General of Police, Home Secretary, District Magistrates and Superintendents of Police. It also referred to the movement of several IPS officers from the West Bengal cadre to other States on election duty. The plea also challenged the Calcutta High Court order, which had refused to stay the reshuffle.
Senior Advocate Kalyan Banerjee, appearing for the petitioner, argued that the transfers were carried out in violation of the Representation of the People Act, 1951, and without mandatory consultation with the State government. It was further contended that such extensive reshuffling, including the transfer of the Chief Secretary, was unprecedented in the State and disrupted the administrative setup.
The Bench, however, indicated that deployment of officers, including from outside the State, is often undertaken to ensure free and fair elections. It also questioned the basis of the petitioner’s grievance, noting that the transferred officers belonged to the same State cadre.
The Court emphasised the need to maintain the integrity of the electoral process and observed that the Election Commission, as a constitutional authority, may be required to take firm administrative measures for that purpose. It also took note of a broader lack of trust between the Commission and State authorities.
Justice Bagchi indicated that the issue of consultation with the State government carries some weight, which supported the decision to leave the question of law open.
The Calcutta High Court had held that the petitioner did not dispute the Election Commission’s power to transfer officials during elections. It found no evidence of mala fide intent and reiterated that courts should not interfere with administrative decisions of the Commission unless there is clear illegality.
The High Court had also observed that all transferred officers were promptly replaced and that similar measures were taken in other States, rejecting claims of discriminatory treatment. It stressed that election management is a specialised exercise requiring judicial restraint and dismissed the PIL as lacking merit, while leaving it open to individual officers to challenge their transfers.
Agreeing with this approach, the Supreme Court upheld the transfers and declined to grant relief, while keeping the legal issue regarding consultation with the State government open for future adjudication.
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