We can transfer officers for free, fair polls: EC tells HC

Kolkata: The Election Commission on Wednesday told the Calcutta High Court that it is within its powers to transfer and post officers for the conduct of free and fair elections.

Making submissions before a division bench presided by Chief Justice Sujoy Paul in a PIL challenging the transfer of several IAS and IPS officers in West Bengal by the Election Commission soon after the announcement of assembly polls, its

counsel stated that the petition is a camouflaged service matter and cannot be treated as a public interest litigation.

Senior lawyer D S Naidu, appearing for the EC, submitted before the court that the commission has been vested with residuary powers to deal with any unforeseen circumstances or exigencies impeding the conduct of free and fair elections.

Senior counsel Kalyan Banerjee, representing the petitioner, argued that the EC’s plenary powers are not in question but are subject to any law or bylaw enacted under Article 327 of the Constitution.

Article 327 of the Constitution empowers Parliament to enact laws regarding elections to both Houses of Parliament (Lok Sabha and Rajya Sabha) and state legislatures (Assembly and Council).

Banerjee, who is also a Trinamool Congress Lok Sabha MP, claimed before the division bench, also comprising Justice Partha Sarathi Sen, that it is the duty of the Election Commission to conduct free and fair elections, but the constitutional body is acting in an “arbitrary” and “non-transparent manner”.

The court adjourned the hearing until Friday, when it will be taken up again.