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 temporary, pan-India transfers with replacements.

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 justifiable reasons and attaching a stigma be set aside and quashed.

2. Admittedly, the petitioner is a counsel representing the State Government before this Court.

Contention of Petitioner:

3. It is contended that on 15.03.2026 at 3 p.m. the Election Commission of India (ECI) issued a notification declaring elections in five States of the country. After issuing the notification, the Chief Secretary, Home Secretary, Director General of Police (DGP), certain District Magistrates and Superintendents of Police were transferred. The Principal Secretary of certain departments who were taking care of development activities of the State were also transferred. One officer Shri Jagdish Prasad was transferred as observer to Tamil Nadu. The party in power in State of West Bengal has sent an impeachment notice for removal of respondent no. 9. The mass transfer of officers who were working for the welfare of people in the State will have cascading effect on the functioning of the State.

4. Shri Kalyan Bandopadhyay, learned Senior Counsel appearing for the petitioner submits that the above action has an impact as if emergency is imposed by invoking Article 356 of the Constitution. Learned counsel for the petitioner urged that under Article 324 of the Constitution, the ECI certainly has power to make necessary arrangement for conduct of free, fair and smooth election. However, the said Article does not give any unfettered power to the ECI. The ECI cannot act in an arbitrary or mala fide manner. The ECI, a constitutional body needs to act in tune with rule of law. The impugned action of transferring officers in sizable numbers disturbs the federal structure and amounts to interference in the activity of an elected Government. The ECI has only supervisory power and cannot act in the manner it has acted presently. By placing reliance on the communication dated 15.03.2026 Annexure "P3‟, it is contended that while posting the officers elsewhere, it was directed that they be not engaged in election duties. However, Shri Jagdish Prasad an officer of State of West Bengal has been transferred as "observer‟ to the State of Tamil Nadu relating to the election to be held in that State. Thus, stand of the ECI is mutually inconsistent and cannot be appreciated.

5. The next submission of learned Senior Counsel is that during SIR process, the ECI did not invoke Article 324 of the Constitution and did not transfer the officers. When SIR process was going smoothly, there was no occasion for picking the officers for transfer/shifting after election process began. 63 police officers and 16 IAS officers have been transferred. Thereafter, a sizable number of subordinate officers have been transferred by the ECI. This fact has been brought by filing supplementary affidavits. 16 officers are sent out o