Kolkata, April 16 -- The Supreme Court of India on Thursday dismissed a petition challenging the Election Commission of India (ECI)'s large-scale transfer of senior bureaucrats and police officers in West Bengal ahead of the Assembly elections.

A Bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul Pancholi, observed that such transfers are not unprecedented. "It happens everywhere. Not the first time," the CJI remarked, declining to stay or interfere with the ECI's actions. However, the court acknowledged that the petitioner had raised a substantial question of law regarding the absence of consultation between the ECI and the state government. While refusing to entertain the plea in the present case, the Bench said the issue would remain open for consideration in an

appropriate proceeding.

The petition challenged an earlier order of the Calcutta High Court, which had declined to intervene, noting that the transferred officials had already been replaced. The High Court also refused to examine allegations linking the transfers to impeachment proceedings against Chief

Election Commissioner Gyanesh Kumar, citing lack of any clear nexus.

Filed by advocate Arka Kumar Nag, the plea alleged that the ECI had ordered a "wholesale dismantling" of the state's administrative machinery by transferring key officials, including the Chief Secretary, Director General of Police, Home Secretary and several district-level officers. It argued that the exercise was not a bona fide use of powers under Article 324 of the Constitution but a colourable and punitive action violating federal principles.Senior advocate Kalyan Banerjee, appearing for the petitioner, contended that the process contravened the Representation of the People Act, 1951, particularly due to the absence of mandatory consultation with the state.

The court, however, underscored the need to ensure free and fair elections, observing that consultation "does not mean concurrence".

Published by HT Digital Content Services with permission from Millennium Post.