The Supreme Court declined to intervene in the Calcutta High Court’s decision supporting the Election Commission of India’s move to transfer senior bureaucrats and police officers in West Bengal before the Assembly elections. Chief Justice of India Surya Kant’s bench noted that such transfers ahead of polls are a common practice in various states. The court emphasized the importance of impartial observers for ensuring fair elections.
Senior advocate Kalyan Bandopadhyay, representing the petitioner, argued that the Election Commission’s transfers were done without consulting the West Bengal government, contrary to legal requirements. However, the court stated that while consultation with the state government is important, it chose not to interfere due to the upcoming elections. The issue of consultation remains open for future consideration.
The Calcutta High Court had dismissed a public interest litigation challenging the Election Commission’s transfers, including those of the Chief Secretary and Director General of Police. The court upheld the Election Commission’s authority to transfer officials to maintain the integrity of elections. It emphasized that such actions were not unusual and did not disrupt administrative functions.
