1. These Writ Petitions are preferred by the Election Commission of India challenging the order passed by the Central Administrative Tribunal, Bangalore Bench, staying the operation of the communication dated 26.3.2013 issued by the Election Commission of India and notification dated 27.3.2013 passed by the third respondent-State Government and directing restoration of the applicants to their respective posts prior to 27.3.2013.

2. No notice is issued to respondents-4 to 10, as they have not contested the matter before the Tribunal and they have not challenged the order of the Tribunal which is against their interest. In this writ petition, no relief is sought against them. On the contrary, the order in favour of the petitioners would ensure to their benefit.

3. For the purpose of convenience, the parties are referred to as they are referred to in the application before the Tribunal.

4. Applicants 7 in number were initially appointed to the Karnataka Administrative Services in the State of Karnataka. On the recommendation of the UPSC, the Government of India promoted them to the Indian Administrative Services for the State of Karnataka. After such promotion they have been working in different capacities as assigned by the State Government. They were all posted as Deputy Commissioners of Ramanagara, Mandya, Yadgir, Mangalore, Mysore, Belgaum and Raichur Districts respectively. After assuming the charge as Deputy Commissioners they were discharging their duties and responsibilities entrusted to them under law. They also held the elections to the Local Bodies in the State of Karnataka. They have held a free, fair and independent election to the Local Bodies.

5. The Election Commission of India declared the election to the Karnataka Legislative Assembly. The election is proposed to be held on 5.5.2013. The applicants as District Election Officers along with the Returning Officers who actually hold the elections have made preparations for conducting free and fair election on 5.5.2013. The revision of electoral roll was undertaken by them. They have trained various Returning Officers. A meeting was called for in the Districts. They have presented a detailed presentation to the Election Commission of India with regard to conduct of free and fair election in their respective Districts. They have also inspected the electoral voting machines, conducted training to Returning Officers for various staff, they have completed preparatory works. When things stood thus, the Chief Election Officer as per Annexure- A8 dated 26.3.2013 directed transfers/posting with immediate effect the respondents 4 to 10 in the place of the applicants. They were directed to take over charge with immediate effect. Accordingly, the Government of Karnataka issued a notification dated 27.3.2013 as per Annexure-A9 transferring and posting respondents 4 to 10 in place of the applicants. On communication of the said order, the applicants have promptly handed over charge and they are relieved. Thereafter, they preferred an application on 3.4.2013 before the Tribunal challenging the said order of transfer being arbitrary, capricious, violative of right guaranteed to the applicants under Articles 14 and 16 of the Constitution of India. The said order contravenes the minimum tenure fixed for the post of Deputy Commissioners under the Rules. The said order is contrary to the policy of the Election Commission. By such transfer a stigma is attached and therefore they contended that the impugned order of transfer is liable to be set aside. They also sought for an interim order of stay of the said orders.

6. After notice to the State and the Election Commission, they entered appearance and contested the matter. However, respondents 4 to 10 did not appear before the Tribunal.

7. The Tribunal by the impugned order held that there were no complaints against the applicants; that they have conducted elections to the Local Bodies on 7.3.2013; that they have completed the prelimina