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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN, SUJOY PAUL
Arka Kumar Nag – Appellant
Versus
Election Commission of India – Respondent
| Table of Content |
|---|
| 1. pil challenges eci mass transfers of state officers. (Para 1 , 2) |
| 2. eci powers under article 324 limited by statutes. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. eci cannot disrupt state governance during elections. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. eci exercises plenary powers for fair elections nationwide. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 5. petition confined to pleadings; eci power admitted. (Para 36 , 37 , 38 , 39 , 40 , 41) |
| 6. officer replacements prevent administrative paralysis or vacuum. (Para 42) |
| 7. pil requires proof of public injury for locus. (Para 43 , 44 , 45 , 46 , 47) |
| 8. precedents uphold eci's wide transfer authority. (Para 48 , 49 , 50 , 51 , 52 , 53 , 54) |
| 9. limited judicial review of eci administrative actions. (Para 55 , 56 , 57 , 58 , 59 , 60) |
| 10. no pleaded statutory violation or public harm. (Para 61 , 62 , 63 , 64) |
| 11. pil dismissed; liberty to aggrieved officers. (Para 65 , 66 , 67) |
JUDGMENT
PER, SUJOY PAUL, CJ.:
1. In this Public Interest Litigation (PIL), the petitioner an advocate by profession has prayed that impugned transfer orders issued by the ECI without assigning justifiab
Election Commission's power under Article 324 to transfer officers for free fair elections upheld; PIL dismissed for lack of pleadings challenging authority and failure to prove public injury from te....
Transfer orders of police personnel under ECI directives are valid beyond elections, emphasizing public interest and administrative exigencies.
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
Point of Law : Employment and Service matter - Order of Transfer quashed - Since recommendations to transfer petitioner had been mooted by an extra constitutional authority, who has no role in the fu....
The Election Commission's disciplinary authority over a Deputy Commissioner ends post-election results, rendering any subsequent directives invalid.
Transfers of employees in public service are generally not subject to judicial review unless proven to be arbitrary or in violation of statutory provisions.
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