'Not the first time': Supreme Court refuses to consider plea against transfer of officers in West Bengal

The Supreme Court on Thursday refused to consider a plea challenging the transfer of administrative and police officers by the Election Commission in poll-bound West Bengal, saying this has not happened for the first time. 

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi, however, said that the court would keep the question of law open.

The plea challenged a Calcutta High Court order dating March 31, which declined to interfere with the transfers and said that other officers had already replaced those transferred by the EC.

In March, the poll panel replaced West Bengal's Chief Secretary, Home Secretary, DGP, Kolkata Police Commissioner among others.

Upon hearing the petitioner's counsel, the bench said that such actions are routine. 

“It happens everywhere. Not the first time,” the bench said.

The bench, however, felt that the petitioner's legal issue regarding the EC's lack of consultation with the state government was valid.

“Petitioner has raised substantial questions of law. However, we are not intervening in it as of now. Question of law is kept open,'' the bench said, while declining to entertain the matter.

Senior advocate Kalyan Banerjee, representing petitioner Arka Kumar Nag, contended that the process followed by ECI was in contravention of the Representation of the People Act of 1951, and there was no consultation with the state as per law.

He submitted that the poll panel cannot work in contravention of the statute, and state consultation is needed. 

“Officers who have been transferred are of the West Bengal cadre. How are you prejudiced," the bench asked him.

Banerjee said he has raised substantive questions, and this can be decided later as well.

Banerjee said, “Officers transferred overnight. Under what authority? This happened for the first time in West Bengal. The first-time chief secretary was transferred because she was opposing suggestions. Is this a ground to transfer?”

The bench pointed out that judicial officers were deployed as the trust deficit was on both sides. “No trust of EC in state officials. State does not trust the EC," the bench said.

“We are on it as a constitutional institution. If the EC is required to take a hard stand tomorrow to maintain free and fair elections, and you say no, this is not in statute," the bench said.