2 months ago
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The Calcutta High Court connected Tuesday (March 31, 2026) dismissed a nationalist involvement litigation (PIL) petition challenging the transportation of administrative and constabulary officers by the Election Commission successful West Bengal, saying the petitioner could not found that the actions were arbitrary and had wounded nationalist interest.
The canvass sheet has transferred respective officers, including the State’s main secretary, location caput and Director General of Police (DGP), aft announcing the docket of the Assembly polls.
The petitioner claimed that these large-scale transfers would impact the functioning of the State’s administration, and sought that the Commission’s orders beryllium acceptable aside.
Dismissing the petition, a Bench presided by Chief Justice Sujoy Paul held that the petitioner could not found that the Election Commission utilized its powerfulness to transportation officers successful an arbitrary manner, which resulted successful immoderate wounded to nationalist interest.
“In the lack of establishing this simple constituent to support a PIL, the petition cannot beryllium entertained,” said the Bench, besides comprising Justice Partha Sarathi Sen.
“In our view, the legality, validity and propriety of transportation orders which person not caused immoderate nationalist wounded cannot beryllium gone into successful a nationalist involvement litigation,” the tribunal observed.
It noted that the petitioner, Arka Kumar Nag, made an effort to found a nexus betwixt definite elder politicians and Chief Election Commissioner Gyanesh Kumar.
However, the EC’s counsel, D.S. Naidu, submitted that nary specified persons against whom allegations of connivance oregon unit tactics, arsenic alleged, were impleaded by name.
Holding that nary allegation of malice tin beryllium entertained against the canvass panel, the precocious tribunal observed that “apart from bald pleadings, nary worldly could beryllium placed to found immoderate specified nexus”.
It said that simply due to the fact that the EC had transferred a sizeable fig of officers, it cannot beryllium said that the enactment is arbitrary, capricious oregon malafide, “more so, erstwhile a akin oregon larger fig of transfers/postings of officers had taken spot nationwide”.
“Thus, we find nary crushed to clasp that portion shifting oregon transferring officers of West Bengal, the EC did immoderate step-motherly treatment,” the tribunal observed.
It said the petitioner could not marque retired immoderate specified case, which establishes with accuracy and precision that the transportation bid of officers volition pb to immoderate administrative illness and deprivation of the nationalist from improvement schemes.
Holding that a transportation is an incidental of service, the tribunal said that if a transportation bid runs contrary to immoderate statutory provision, the aggrieved worker oregon serviceman tin assail it successful due proceedings.
The court, however, said that this judgement volition not travel successful the mode of the idiosyncratic aggrieved officers to situation their transportation bid successful due proceedings successful accordance with the law.
Noting that the petitioner is simply a practising lawyer, the Bench said that helium cannot person a grievance implicit the transportation of officers unless specified moves effect successful wounded to nationalist interest.
On the petitioner’s submission seeking initiation of impeachment proceedings against the CEC, the tribunal said it does not spot immoderate crushed to woody with this facet astatine each successful the contiguous matter.
The Bench said that it does not find “much substance” successful the contentions of the petitioner’s counsel, Kalyan Banerjee, and advocator wide Kishore Dutta representing the West Bengal authorities that, due to the fact that of the transportation of a sizeable fig of officers and staff, a vacuum has been created successful the State.
The tribunal said that successful the contiguous case, it is seen that erstwhile 1 serviceman is transferred, different has occupied his position. “Thus, determination is nary vacuum created successful the strategy oregon successful the administrative arena,” the Bench said.
The Bench further said West Bengal, which supported the petitioner, is simply a responsive successful the substance and “cannot participate into the shoes of the petitioner”.
Elections to the 294-member West Bengal Assembly volition beryllium held successful 2 phases connected April 23 and 29. Votes volition beryllium counted connected May 4.
