EC Defends Officer Transfers in West Bengal, Tells Calcutta HC It’s Within Powers

PTI, Kolkata, March 25, 2026: The Election Commission on Wednesday told the Calcutta High Court that it has the authority to transfer and post officers to ensure the conduct of free and fair elections.

The submissions were made before a division bench presided over by Chief Justice Sujoy Paul in a PIL challenging the transfer of several IAS and IPS officers in West Bengal soon after the announcement of Assembly polls.

Senior lawyer D S Naidu, appearing for the EC, argued that the petition was essentially a disguised service matter and could not be treated as a public interest litigation. He emphasized that the Commission has residuary powers to deal with any unforeseen circumstances or exigencies that may impede free and fair elections.

Senior counsel Kalyan Banerjee, representing the petitioner and also a Trinamool Congress MP, contended that while the EC’s plenary powers are recognized, they are subject to laws enacted under Article 327 of the Constitution. Article 327 empowers Parliament to make laws regarding elections to both Houses of Parliament (Lok Sabha and Rajya Sabha) and state legislatures (Assembly and Council).

Banerjee argued that the Election Commission, while responsible for conducting free and fair elections, was acting in an “arbitrary” and “non-transparent manner” in this instance.

The bench, also comprising Justice Partha Sarathi Sen, is hearing the matter.

This comes amid heightened political tensions in West Bengal ahead of the April 23 and April 29 Assembly elections, with both the ruling TMC and opposition BJP sharply contesting each other’s handling of electoral processes.