Plea In Calcutta High Court Challenges 'Unprecedented' Transfers Of Bureaucrats In Bengal By ECI Ahead Of State Polls

A Public Interest Litigation has been filed before the Calcutta High Court by advocate Arka Kumar Nag challenging a series of transfer orders issued by the Election Commission of India, which have resulted in a sweeping reshuffle of the administrative and police machinery in West Bengal ahead of the State Assembly elections.

The matter is likely to be taken up for hearing on Monday.

As per the petition, the challenge is directed against multiple orders dated March 15, 16, 17 and 18, 2026, through which the Election Commission has allegedly effected a mass-scale transfer and removal of senior officials across the State. The impugned actions include the transfer of the Chief Secretary, Director General of Police, Home Secretary, several District Magistrates, Superintendents of Police, and other senior IAS and IPS officers.

The plea further states that a large number of senior IPS officers from the West Bengal cadre have been deputed outside the State on election observer duties in other States.

The petitioner contends that the scale and timing of the transfers amount to an “unprecedented” dismantling of the State's administrative framework on the eve of elections. It is argued that such actions, though purportedly taken under Article 324 of the Constitution to ensure free and fair elections, are in fact arbitrary, mala fide, and a colourable exercise of power.

A significant allegation raised in the petition is that the impugned transfers are retaliatory in nature. The plea claims that the drastic administrative reshuffle followed an impeachment motion initiated by elected representatives of West Bengal against the Chief Election Commissioner, Gyanesh Kumar. According to the petitioner, the proximity in timing and the extent of the transfers indicate malice in law and fact.

The petition further asserts that the large-scale removal and reassignment of senior officials has created an administrative vacuum, adversely affecting governance and public administration in the State. It is argued that such actions are prejudicial to public interest and undermine the functioning of the State machinery during a crucial electoral period.

On the constitutional plane, the plea raises concerns regarding the violation of the federal structure, which forms part of the basic structure of the Constitution. While acknowledging the plenary powers of the Election Commission under Article 324, the petitioner contends that such powers cannot be exercised in a manner that effectively paralyses the State administration or operates as a punitive measure against a State.

The petition accordingly challenges the validity of the impugned orders, terming them unconstitutional and void ab initio, and seeks appropriate relief from the High Court.

Case: Arka Kumar Nag v Election Commission Of India & Ors