EC challenges PIL on Bengal officers’ transfer before polls

Kolkata: The Election Commission of India on Monday questioned the maintainability of a public interest litigation challenging the transfer of several West Bengal officials after the announcement of Assembly elections, arguing that the petitioner lacks the locus to move the court.

Before a Division Bench headed by Chief Justice Sujoy Paul, the poll panel submitted that the petitioner, a practising lawyer associated with the state, cannot be treated as a public-spirited individual. Senior advocate D S Naidu argued that the plea was not maintainable as a PIL on this ground alone.

The petition challenges the transfer of 79 officials — including police personnel and civil servants — ordered by the Commission following the March 15 poll announcement. It was contended that the reshuffle, which includes senior positions, has adversely impacted governance.

Appearing for the petitioner, senior advocate Kalyan Banerjee alleged that the Commission acted arbitrarily by shifting officers and appointing officials of its choice ahead of the elections. He argued that such large-scale transfers have created a vacuum in administration.

The state government supported the petitioner’s stand, with Advocate General Kishore Dutta endorsing concerns over disruption in governance.

Countering the claims, the Commission maintained that such transfers are part of its mandate to ensure free and fair elections. It denied any discrimination against West Bengal, pointing out that similar or larger exercises were undertaken in other poll-bound states. The poll body also rejected the claim of administrative breakdown, stating that governance continues through institutional mechanisms regardless of individual postings. The court adjourned the matter till Wednesday for further hearing.