SC flags lack of trust between Bengal govt & EC, rejects plea against transfer of officers

NEW DELHI, April 16: 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 (EC) 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 EC needed to consult with the state before effecting such transfers. (PTI)