‘Unsubstantial allegations’: Calcutta HC dismisses plea on ECI’s officer transfers in Bengal

The court observed that the petitioner, advocate Arka Kumar Nag, had himself acknowledged the ECI’s authority, and therefore could not contest the poll body’s jurisdiction.

Chief Justice Sujoy Paul noted that the plea clearly recognised the Commission’s power to transfer officers to ensure free and fair elections, leaving no scope to dispute its authority.

The bench further held that it cannot question the “administrative wisdom” of the ECI unless there is clear evidence of arbitrariness, mala fide intent, or violation of statutory provisions.

Terming the allegations of mala fide as “unsubstantial”, the court rejected the state government’s claim that the transfers had led to administrative paralysis, noting that all transferred officers were promptly replaced.

Dismissing charges of vindictiveness and selective targeting of West Bengal, the court said data showed that a higher number of officers had been transferred in other poll-bound states.