Calcutta High Court Upholds EC’s Officer Transfers In Bengal; Dismisses PILs

A division bench of the Calcutta High Court on Tuesday quashed two public interest litigations challenging the Election Commission of India’s decision to carry out large-scale transfers of bureaucrats and police officers in poll-bound West Bengal.

The petitions were filed by a Trinamool Congress leader and argued by the party’s Lok Sabha MP Kalyan Banerjee, who appeared as counsel for the petitioner.

The bench, comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, ruled that the Commission was within its अधिकार to order transfers while the Model Code of Conduct is in force.

One petition challenged transfers at the top administrative level, including the Chief Secretary, Home Secretary, Director General of Police, Kolkata Police Commissioner, and Additional Director General (Law and Order).

The second focused on lower-level officials such as block development officers, who also serve as returning officers, and police inspectors.

The court rejected arguments that such extensive reshuffling was discriminatory or selectively applied only in West Bengal. It accepted the Commission’s position that transfer decisions vary depending on state-specific ground realities.

Since the announcement of the two-phase election schedule on March 15, the Election Commission has issued multiple transfer orders across different tiers of administration.

The first phase covered top-ranking officials, followed by mid-level officers such as district magistrates, deputy inspector generals, superintendents, and deputy commissioners.

The ongoing third phase includes transfers at the lower levels, involving additional district magistrates, sub-divisional officers, block development officers, and various ranks within the police force.

The court’s ruling reinforces the Commission’s authority to ensure administrative neutrality during elections.

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