The Election Commission had transferred several officers, including the state's chief secretary, the home secretary, and the DGP, following the announcement of the assembly poll schedule in the state
Petitioner claimed that these large-scale transfers would affect the functioning of the state administration. Representational Pic
The Calcutta High Court on Tuesday dismissed a PIL challenging the transfer of administrative and police officers by the poll panel in West Bengal, stating that the petitioner failed to establish that the actions were arbitrary or had harmed public interest.
The Election Commission had transferred several officers, including the state's chief secretary, the home secretary, and the DGP, following the announcement of the assembly poll schedule in the state.
The petitioner claimed that these large-scale transfers would affect the functioning of the state administration and sought to have the poll panel's orders set aside.
Dismissing the petition, a division bench presided over by Chief Justice Sujoy Paul held that the petitioner could not prove that the Election Commission of India had used its power to transfer officers in an arbitrary manner, resulting in any injury to public interest.
"In the absence of establishing this elementary requirement to maintain a PIL, the petition cannot be entertained," the division bench, also comprising Justice Partha Sarathi Sen, said.
The court observed, "The legality, validity, and propriety of transfer orders which have not caused any public injury cannot be gone into in a public interest litigation."
It noted that the petitioner, Arka Kumar Nag, had tried to establish a nexus between certain senior politicians and Chief Election Commissioner Gyanesh Kumar. However, the ECI's counsel, D.S. Naidu, submitted that no such persons against whom allegations of connivance or pressure tactics were made had been named.
Holding that no allegation of malice could be entertained against the poll panel, the high court observed that "apart from bald pleadings, no material could be placed to establish any such nexus."
The court said that merely because the ECI transferred a sizable number of officers, it cannot be said that the action was arbitrary, capricious, or mala fide—especially when a similar or larger number of transfers and postings had occurred nationwide.
"Thus, we find no reason to hold that while shifting or transferring officers in West Bengal, the ECI engaged in any step-motherly treatment," the court added.
It noted that the petitioner could not establish a case demonstrating with precision that the transfer orders would lead to administrative collapse or deprive the public of development schemes.
The division bench further stated that a transfer is an incident of service, and if a transfer order violates any statutory provision, the aggrieved employee or officer can challenge it in appropriate proceedings.
The court clarified that this judgment will not prevent individual officers from challenging their transfer orders in accordance with the law.
Noting that the petitioner is a practicing lawyer, the bench said he cannot have a grievance over officer transfers unless such actions result in injury to public interest.
Regarding the petitioner’s request to initiate impeachment proceedings against the CEC, the court said it saw no reason to address this issue in the present case.
The bench also found "little substance" in the arguments made by the petitioner’s counsel, Kalyan Banerjee, and Advocate General Kishore Dutta, representing the West Bengal government, that the transfer of a large number of officers and staff had created a vacuum in the state.
The court stated that when one officer is transferred, another occupies the position. "Thus, no vacuum has been created in the system or in the administrative arena," the bench said.
The court further noted that the state of West Bengal, which supported the petitioner, is a respondent in the matter and "cannot enter into the shoes of the petitioner."
Elections to the 294-member West Bengal assembly will be held in two phases, on April 23 and 29, with votes to be counted on May 4.
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