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SC dismisses plea challenging transfer of officers by EC in Bengal (Img: Internet)
New Delhi: The Supreme Court of India on Thursday dismissed a petition challenging the transfer of IAS and IPS officers by the Election Commission of India (ECI) during the election period, observing that such actions are a routine part of ensuring free and fair polls.
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, refused to interfere with a Calcutta High Court order that had earlier dismissed the plea.
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The petition, filed by advocate Arka Kumar Nag, had challenged large-scale transfers of officers in West Bengal following the announcement of elections in March.
During the hearing, the bench remarked that such transfers are not unusual and have been carried out across multiple states during elections. The court underlined that deploying officers from outside or shifting officials is often necessary to maintain neutrality.
The Chief Justice noted that observers and administrative changes are common tools used by the ECI to ensure unbiased election conduct.
Senior advocate Kalyan Bandhopadhyay, appearing for the petitioner, argued that such transfers should be made in consultation with the state government and claimed that this procedure was not followed in the present case.
While the court acknowledged that the argument regarding consultation had “some substance,” it declined to examine the issue further at this stage, especially in view of the ongoing election process. The bench, however, kept the broader legal question open for future consideration.
The Supreme Court also took note of the Calcutta High Court’s findings, which held that the petition itself did not dispute the ECI’s authority to transfer officers after the election notification.
The High Court had observed that such powers are essential for conducting free and fair elections and fall within the constitutional mandate of the Commission.
Reiterating the scope of Article 324, the court emphasised that the Election Commission has wide-ranging powers to take necessary steps when statutory provisions are not explicit.
It also noted that courts should not interfere with administrative decisions of the Commission unless there is clear evidence of arbitrariness or mala fide intent.
The bench further held that the public interest litigation did not establish any concrete public injury. It stated that affected officers are free to challenge transfer orders individually if required.
Dismissing the plea as lacking merit, the court stressed the importance of preserving the independence of the Election Commission during elections.
