'ECI Cannot Act Arbitrarily Under Article 324': Calcutta HC Told In Plea Against Transfer Of 79 Top Cops, Bureaucrats Ahead Of State Polls

The Calcutta High Court on Monday heard a petition challenging the Election Commission of India's “unprecedented” transfer of senior bureaucrats in West Bengal following the enforcement of the Model Code of Conduct (MCC) ahead of Assembly elections.

Senior Advocate Kalyan Bandopadhyay, appearing for the petitioner, submitted that the election notification was issued on March 15 at 3 PM, but “at 3 AM the Chief Secretary and Principal Secretary were transferred, then the DGP was transferred,” followed by a series of transfers of District Magistrates, Superintendents of Police and Commissioners of Police.

He argued that the ECI's actions were contradictory, stating: “They said these officers should not be attached with any election process. But then they were sent to other States to participate in the election process. How can they be disqualified here and sent there?”

Contending that the large-scale reshuffle had crippled governance, the Senior Counsel submitted: “You have removed the SPs and DMs, who will look after the State? If any disaster happens, what will the ECI do?” He added that “the Chief Secretary is not there to just do the election, she has to run the State.”

Raising concerns over the scale of transfers, he pointed out that while around 15 officers were moved in the 2021 elections, “now it's 79… by the end of it all IAS and IPS officers will be moved,” warning of an administrative vacuum.

Questioning the scope of constitutional powers, the petitioner argued: “Can the ECI act arbitrarily while exercising power under Article 324? Can they destroy the federal structure?” Emphasising limits on the Commission's role, he submitted: “They can look over elections but not run the State.”

It was further contended that the sudden transfers of experienced officials responsible for administration and law and order were unjustified, particularly when “for so many months you have not said you were dissatisfied, then all of a sudden after 15th you are transferring them.”