SC declines plea against Bengal bureaucratic reshuffle, calls it ‘common practice’
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New Delhi: The Supreme Court of India on Thursday refused to interfere with a Calcutta High Court order that upheld the Election Commission of India (ECI) decision to transfer several senior bureaucrats and police officers in West Bengal ahead of the Assembly elections, observing that such reshuffles before polls are a “common practice”.
A Bench headed by Chief Justice of India Surya Kant declined to entertain the plea challenging the large-scale transfers ordered by the poll body, noting that similar pre-election reshuffles have taken place in several states in the past.
During the hearing, senior advocate Kalyan Bandopadhyay, appearing for the petitioner, argued that the ECI had ordered the transfers without consulting the state government and contended that such action was contrary to the statutory framework.
However, the CJI-led Bench observed that such transfers were not unprecedented and remarked that “an observer from outside the state is always ideal” to ensure free and fair elections.
The petitioner further submitted that consultation with the state government was a necessary requirement and pointed out that, for the first time, even the Chief Secretary had been replaced without concurrence.
While the apex court noted that there was “some substance” in the argument regarding the need for consultation, it declined to interfere given the proximity of the Assembly elections, leaving the legal question open for consideration in an appropriate case.
“Such issues may be examined at a later stage,” the Bench indicated, making it clear it was not inclined to intervene in the present matter.
The plea had challenged the Calcutta High Court’s March 31 judgment dismissing a public interest litigation (PIL) against the ECI’s decision to transfer key officials, including the Chief Secretary, Director General of Police (DGP), Home Secretary, as well as several District Magistrates and Superintendents of Police.
In its ruling, the Calcutta High Court had observed that the petitioner himself acknowledged in the writ petition that the poll body possesses the authority to transfer officers to ensure free and fair elections. It held that once such power was admitted, there was no ground for the court to undertake a “roving enquiry” into the ECI’s authority.
The High Court further noted that the transfers had not caused any “administrative numbness” or paralysis in the state administration, as officers were replaced by other officials, in some cases more senior.
It also ruled that the shifting of a “sizable number of officers” could not be termed arbitrary or mala fide, particularly when similar exercises are carried out across the country.
The PIL had argued that the mass transfers undermined the authority of the elected state government and disrupted administrative functioning.
The controversy dates back to March, when the ECI ordered widespread transfers of top officials in West Bengal after the Model Code of Conduct came into force ahead of the Assembly elections. The move drew strong objections from Chief Minister Mamata Banerjee, who alleged that the poll body acted unilaterally and undermined the authority of the elected state government.
With IANS inputs