Calcutta HC rejects plea challenging EC’s transfer of officials in West Bengal ahead of polls

The Calcutta High Court on Tuesday dismissed a public interest litigation against the Election Commission’s decision to transfer several officers in poll-bound West Bengal, saying that it found no evidence of mala fide intent in the orders, Live Law reported.

The reshuffles were ordered after the schedule for the Assembly elections was announced on March 15. It included the transfer of the chief secretary, the home secretary and the director general of police, along with several other Indian Administrative Service and Indian Police Service officers.

A bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen on Tuesday said that there was no evidence of an administrative paralysis after the orders, adding that the replacements had been appointed and that similar or larger reshuffles had taken place in other states where polls are being held, Live Law reported.

The petition had argued that the large-scale reshuffles in West Bengal would disrupt the functioning of the state administration. The petitioner added that the decision amounted to an arbitrary and punitive use of power under Article 324 of the Constitution, Bar and Bench reported.

Article 324 gives the superintendence, direction and control of elections to the Election Commission.

The petitioner also contended that the move undermined principles of federalism.

Dismissing the petition, the court noted that the petitioner had acknowledged the...

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