S.ALI AHMAD, J.

1. The petitioner was posted as Subdivisional Officer of Muzaffarpur West Subdivision. By the order dated 6-1-1990 (Annexure-5), he was transferred to report in the department of Personnel and another officer, namely, Badri Nath Prasad Verma, respondent No. 7, was posted as Sub-divisional Officer, Muzaffarpur West. The petitioner has challenged the order of transfer on the ground that it is in violation of the direction issued by the Election Commission.

2. The Election Commission issued directions from time to time under Art.324 of the Constitution of India asking the State Government not to transfer its officers and staff, who were connected with the conduct of the election. The first direction in the series was Annexure-I a letter dated 26th July, 1989, written by the Secretary to the Commission to the Chief Secretaries of all the States and Union Territories. This letter, inter alia, states that since the elections to the Lok Sabha and to the Legislative Assemblies in some of the States, including Bihar, were due, therefore, a ban should be imposed on the transfers of officers and staff connected with the conduct of election. In the said communication, t