Kolkata, March 23 The Election Commission questioned the petitioner's standing on Monday while filing a public interest litigation (PIL) challenging the transfer of several officers of the West Bengal government after the announcement of state assembly elections.
The petitioner, a lawyer, claimed in the PIL that 79 officers – 63 police personnel and 16 civil servants – have been transferred by the EC since the announcement of the assembly polls on March 15.
The petitioner claimed before a division bench presided by Chief Justice Sujoy Paul that the transfers, including that of the chief secretary and the home secretary, have created a vacuum in governance in the state.
Senior counsel Kalyan Banerjee, representing the petitioner, claimed that the ECI is acting arbitrarily and bringing in officers of its choice before conducting the elections in the state.
The state government, represented by Advocate General Kishore Dutta, supported the arguments of the petitioner.
Representing the EC, senior advocate DS Naidu stated that the powers of the commission are bound by law and its solemn duty is to conduct free and fair elections.
Questioning the maintainability of the petition as a PIL, he submitted that the petitioner is a full-time state lawyer and thus cannot claim to be a public-spirited person in filing the PIL.
Claiming non-discrimination against West Bengal as alleged by the petitioner, Naidu maintained that many more officers were transferred during assembly elections in the states of Uttar Pradesh, Madhya Pradesh and Jharkhand.
He denied that any vacuum has been created in governance in West Bengal owing to the transfers, stating that officers may change, but the positions remain and the process of governance continues as usual.
The hearing in the matter was adjourned till Wednesday, when the parties will make further submissions.
