SC flags lack of trust between West Bengal Govt, ECI

Flagging the lack of trust between the West Bengal Government and the Election Commission, the Supreme Court on Thursday dismissed a plea challenging the transfer of more than 1,000 administrative and police officers by the poll panel in the election-bound state.

The apex court, however, kept open for adjudication in future the contentious legal question about whether the Election Commission of India (ECI) needed to consult the concerned state before effecting administrative changes in poll-bound states.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi also observed that it was the “misfortune” of the country that the purpose of creating the All India Services was getting frustrated. The CJI said the apex court had to appoint judicial officers in the exercise of Special Intensive Revision (SIR) of electoral rolls in West Bengal as there was trust deficit between the parties.

“They have no trust in the officers of the State Government and the state has no trust in the officers brought by them (EC),” the bench observed. The top court passed the order while hearing a plea challenging a Calcutta High Court order dated March 31. The High Court had dismissed a PIL challenging the transfer of officers by the poll panel in West Bengal. Elections to the 294-member West Bengal Assembly will be held in two phases — on April 23 and 29. Votes will be counted on May 4.

During the hearing, senior advocate Kalyan Banerjee, appearing for petitioner Arka Kumar Nag, said that for the first time, the chief secretary of a State has been transferred in such a manner.

He said around 1,100 officers in West Bengal were transferred “overnight” after the notification for the Assembly polls was issued. “This is not something that has happened for the first time or that has happened in this state only,” the bench observed. Banerjee argued that the ECI needed to consult with the state before effecting such transfers.

“The officers who have been transferred or posted are all from the West Bengal cadre. It is not that officers from other states have been appointed. They are all serving officers of the state of West Bengal. Whether they occupy ‘A’ post or ‘B’ post, how does it matter?” the CJI asked.

Banerjee said the EC had changed the chief secretary, DGP and other senior officers, including several superintendents of police, in West Bengal.

“After the changes, the Kaliachak incident happened. There were some law and order problems in other places also,” Banerjee said, adding that the power of superintendence does not take away legislative power.

Seven judicial officers engaged in the SIR exercise in West Bengal were ‘gheraoed’ at Kaliachak in West Bengal’s Malda district on April 1.

Banerjee said the petitioner was not arguing that the apex court should stay the transfer of officers, but he raised a very substantial question of law in the matter.

“We will decide that in an appropriate case. We will keep the question of law open,” the bench said.

Arguing that the EC transferring officers in a poll-bound state without consulting the concerned state Government was not right, Banerjee said, “Around 1,100 officers have been transferred overnight. For the first time, a chief secretary has been transferred.”

The CJI observed, “This is the misfortune of this country that the purpose of creating All India Services is getting frustrated.”

The bench also said that appointing observers in elections from outside the state was not a new practice.

“Let us not keep West Bengal elections in mind. An observer from outside the state is always ideal,” the CJI said.

Banerjee asked why so many questions were being raised this time during elections in West Bengal.

“Earlier, I was busy with elections. Now, I am busy in the courts. Why this time?” Banerjee, who is also a Trinamool Congress Lok Sabha MP from West Bengal, asked.

“West Bengal elections have been a field day for electoral litigation,” Justice Bagchi observed.

The bench refused to entertain the plea while keeping the question of law open.

The Calcutta High Court had dismissed the PIL challenging the transfer of officers, saying the petitioner could not establish that the actions were arbitrary and had hurt public interest.

The EC had transferred several officers, including the state’s chief secretary, after announcing the schedule for the Assembly polls in West Bengal on March 15.