New Delhi: The Supreme Court on Thursday declined to interfere with a decision of the Calcutta High Court that upheld the Election Commission of India (ECI)'s transfer of several senior bureaucrats and police officers in West Bengal ahead of Assembly elections. The court observed that such reshuffles are a routine practice before polls to ensure fairness.
A bench headed by Chief Justice of India Surya Kant refused to entertain a plea challenging the large-scale transfers. It noted that similar actions had been taken in multiple states in the past and emphasized that appointing officials or observers from outside the state is often considered ideal for maintaining neutrality during elections.
Senior advocate Kalyan Bandopadhyay, appearing for the petitioner, argued that the ECI had ordered the transfers without consulting the West Bengal government, claiming that such a step was contrary to the statutory framework. He also pointed out that, for the first time, even the Chief Secretary had been replaced without the state's concurrence, which he argued was a significant deviation from established norms.
While the Supreme Court acknowledged that there was "some substance" in the argument regarding the need for consultation with the state government, it declined to intervene given the proximity of the Assembly elections. The bench stated that the legal question could be examined in a more appropriate case in the future, making it clear that it was not inclined to disrupt the current electoral process.
The plea had challenged a March 31 judgment of the Calcutta High Court, which dismissed a public interest litigation (PIL) against the ECI's decision. The High Court had observed that the petitioner himself had acknowledged the poll body's authority to transfer officials to ensure free and fair elections. It held that once such power was admitted, there was no need for a detailed inquiry into its exercise.
The High Court further ruled that the transfers did not cause any administrative paralysis and that replacing officers, sometimes with more senior officials, did not amount to arbitrariness or mala fide action. It also noted that similar measures are commonly implemented nationwide during elections. (IANS)
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