A Public Interest Litigation (PIL) has been filed in Calcutta High Court contesting the transfers of bureaucrats and police officers of the West Bengal cadre directed by the Election Commission of India (ECI) under the Model Code of Conduct. The PIL, filed by four-time Trinamool Congress Lok Sabha member and senior advocate Kalyan Banerjee on behalf of petitioner Arka Nag, precedes the upcoming two-phase Assembly elections in the state.
The PIL, presented to the Division Bench of Calcutta High Court’s Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, specifically questions the transfers of high-ranking officials in the general and police administration, such as the chief secretary, state home secretary, state director general of police, additional director general (law & order), and the commissioner of Kolkata Police. The petitioner challenges the Election Commission’s jurisdiction over widespread transfers from top to bottom in these administrative layers, particularly at the highest echelons.
Apart from the reassignment of numerous bureaucrats and police officers, the ECI has assigned some, including former state home secretary Jagdish Prasad Meena, as central observers in other states undergoing elections. The petitioner highlights that such extensive transfers of senior officials are unique to West Bengal and not observed in other states or Union Territories preparing for elections.
West Bengal Chief Minister Mamata Banerjee has expressed discontent with the transfers in two recent letters to the Chief Election Commissioner (CEC), Gyanesh Kumar. In her latest communication on Thursday, she criticized the Commission for allegedly undermining the authority of the elected state government unconstitutionally. Banerjee characterized the decisions as biased, rushed, and unilateral, warning that they could negatively impact the democratic process.
