( 1 ) THIS is an application under Article 226 of the Constitution of India ('the writ petition' in short) challenging the circular letter dated February 11, 2004 issued by the Election Commission of India addressed to the Chief Secretaries and the Chief Electoral Officers of the States and Union Territories concerned about the posting of officers in the awake of general elections of the Lok Sabha and the State Legislative Assemblies. In the said letter the Commission communicated its policy that an officer, who has worked for four years or more in the same district, should be transferred out so that free and fair election could be conducted. It was, further, conveyed that the said Commission has decided that no officer connected with elections should be allowed to continue in his/her home district. It was stated that those instructions, inter alia, would be applicable to the Officers-in-Charge of the police stations, whether in the rank of Inspector or Sub-Inspector. It was conveyed that the policy of the Commission was communicated at this stage and even prior to the formal announcement of the election to ensure that the state Government concerned coul