New Delhi [India], April 16 : The Supreme Court on Thursday rejected a plea filed by a West Bengal resident challenging the Election Commission of India (ECI)'s decision to transfer a batch of senior IAS and IPS officers from the state to other states following the announcement of Assembly election dates.
A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi, noted that the plea raised substantial questions of law. However, the Court declined to entertain the matter, keeping in view the imminent commencement of the first phase of elections in the state.
"The issues raised... involve substantial questions of law. However, keeping in view the first phase of elections in the State, we are not inclined to entertain the SLP," the Court observed.
The petition was originally filed as a public interest litigation before the Calcutta High Court, which dismissed it earlier this month. The High Court had held that the transfer of a large number of officers, by itself, could not be termed arbitrary or mala fide. The petitioner then approached the apex court.
During the hearing, the Court said it would not decide the issue now due to the upcoming elections but would keep the legal question open.
During the hearing, Senior Advocate Kalyan Banerjee, appearing on behalf of the petitioner, argued that the scale of transfers was unprecedented and questioned the circumstances under which such a large number of officers were moved.
"Over 10,000 officers have been transferred under what circumstances? This has never happened before in West Bengal. This is the first time a Chief Secretary has been transferred in such a manner," Banerjee said.
The Court said elections were about to begin, and it was not the right time to interfere.
The Court said that bureaucrats choose frequent transfers for better postings, which creates a perception among people that the bureaucracy is not acting independently or fairly.
"This is the misfortune of the country that the very bureaucracy accepts transfers for plum postings, for all kinds of benefits, and then is in total surrender to the State, only to secure postings at better places. This is how the perception is created in the minds of the general public that they will not get anything from the authorities", the CJI said.
The CJI also flagged a serious lack of trust between the Election Commission of India and the West Bengal government, noting that this distrust was so deep that even judicial officers had to be used in the election process.
"The worst example in your State is that we had to use judicial officers in the election process. It is not just about your State; it is about the lack of trust between the Election Commission of India and the State government. They have no trust in the officers of the State government, and the State government has no trust in the ECI", the CJI added.
The Court also said that bringing in officers or observers from outside the state is not new, and such steps can be taken to ensure free and fair elections.
"Observers from outside the State are not a new practice. In a constitutional election, if the ECI takes steps to ensure free and fair polls, it cannot be said that it lacks power just because there is no specific parliamentary law. If Parliament has not provided for such powers, can they be read into the law must be seen in the context of the situation being created", the Court said.