New Delhi [India], January 21 : The Election Commission of India (ECI) on Wednesday opposed the disciplinary action initiated against four election officials in West Bengal, stating that the concerned authority did not consult the poll body before finalising the move.
In a letter to the West Bengal Chief Secretary, the ECI said that the disciplinary action will be treated as "procedurally irregular" and warrant reconsideration.
According to the ECI, the state government issued directions for "suspension and initiation of suitable disciplinary proceedings against the concerned EROs/AEROs and for lodging of FIRs against the erring officials, including the contractual Data Entry operator, under section 32 of the RP Act, 1950, read with the relevant provisions of the Bharatiya Nyaya Sanhita, 2023 and Information Technology Act, 2000."
As per the letter, an election official was exonerated, and a minor penalty was imposed on another Assistant Electoral Registration Officer (AERO).
"Commission's instructions... mandates that disciplinary authorities shall mandatorily consult the Election Commission before closing or finalising any matter arising out of disciplinary proceedings initiated on the recommendation of the Commission," the letter read.
The ECI stated, "Since the disciplinary proceedings have been finalised without adherence to the prescribed procedure and without mandatory consultation with the Commission, the Commission does not accept such finalisation of disciplinary action. Accordingly, the same shall be treated as procedurally irregular and non est in the eyes of the Commission, warranting reconsideration strictly in accordance with the Commission's instructions."
The poll body has demanded a "written explanation... from the competent authority/officer responsible for the aforesaid procedural lapse, clearly explaining the circumstances that led to non-compliance with the Commission's instructions."
ECI also requested for "the complete disciplinary case records, including the articles of charge, written statements of defence, inquiry reports, findings of the inquiry authority, orders of the disciplinary authority, file noting and all other relevant records forming the basis of the disciplinary action taken, in respect of all the four officials namely Tathagata Mondal, Debottam Dutta Choudhury, Biplab Sarkar and Sudipta Das."
The Bengal Chief Secretary is required to submit the information for the Commission's consideration by 5:00 PM on January 24.
This comes amid the ongoing tussle between the TMC-led state government in West Bengal and the ECI over the Special Intensive Revision (SIR) of the electoral roll in the state.
Meanwhile, the deadline to file claims and objections in the SIR exercise was extended from January 15 to January 19, giving voters extra time to submit their applications (new voter name additions via Form 6, deletions via Form 7, and corrections via Form 8). Further, hearings on these claims and objections will continue up to February 7. The Final electoral roll for West Bengal will be published on February 14.