A division bench of the Calcutta High Court dismissed two public interest litigations (PILs) filed by a Trinamool Congress leader challenging the Election Commission of India’s mass transfers of bureaucrats and police officers in West Bengal ahead of the upcoming Assembly elections. The case was presented by the party’s Lok Sabha member, Kalyan Banerjee, acting as the petitioner’s counsel.
The first PIL focused on the transfers of top-level bureaucrats and police officers, including positions like Chief Secretary, West Bengal Home Secretary, Director General of Police, Commissioner of Kolkata Police, and additional director general (law & order). The second PIL addressed transfers at the lowest administrative levels, involving block development officers who also serve as returning officers and police inspectors.
The Calcutta High Court’s Division Bench, comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, ruled in favor of the Election Commission, stating that the transfers were lawful during the enforcement of the model code of conduct. The court rejected claims that the transfers were biased, emphasizing that such actions are based on specific state circumstances.
Following the announcement of the two-phase election schedule in West Bengal, the Election Commission has been issuing transfer orders for bureaucrats and police officers at various levels. The transfers began with senior officials like the Chief Secretary and Director Generals and continued to mid-level officers such as District Magistrates and Deputy Inspector Generals in subsequent phases.
The ongoing transfer process includes lower-level administrative staff like Additional District Magistrates, Sub-Divisional Officers, and Block Development Officers, as well as police personnel like Additional Superintendents, Deputy Superintendents, and Inspectors.
