Officers engaged in the revision of electoral rolls are deemed to be on deputation to the Election Commission under Section 13CC of the Representation of the People Act, 1950, and cannot be transferred by the State Government without the Commission's prior approval.

Judgment on Board

Per Ramesh Sinha , Chief Justice

1. Heard Mr. Raghvendra Pradhan, learned counsel for the appellant. Also heard Mr. Pankaj Singh, learned counsel, appearing for respondent No. 1, Mr. Praveen Das, learned Additional Advocate General, appearing for the State and Mr. Rakesh Kumar Jha, learned counsel, appearing for respondent No. 6.

2. The present intra-Court appeal has been preferred by the appellant/respondent No. 5 challenging the order dated 05.02.2026 passed by the learned Single Judge in WPS No. 255 of 2026 (Shishir Kumar Sharma vs. State of Chhattisgarh & Others), whereby the writ petition filed by respondent No. 1/writ petitioner herein came to be allowed.

3. Learned counsel for the appellant submits that respondent No.1/writ petitioner is an employee of the Panchayat and Rural Development Department, State of Chhattisgarh, substantively holding the post of Block Development Officer, Janpad Panchayat Berla, District Bemetara. He was also assigned the additional charge of In-charge Chief Executive Officer, Janpad Panchayat Berla. By order dated 24.10.2024, he was transferred from Janpad Panchayat Khairagarh, District Khairagarh–Chhuikhadan–Gandai to Janpad Panchayat Berla, District Bemetara as In-charge Chief Executive Officer and continued to discharge his duties there. Subsequently, by order dated 16.12.2025, he was transferred to Zila Panchayat Bemetara as In-charge Assistant Project Officer. He further submitted that respondent No. 1 challenged the aforesaid transfer order on the ground that it was violative of Section 13CC of the Representation of the People Act, 1950 (hereinafter referred to as “the Act of 1950”). He contended that by order dated 28.11.2025 issued by the Collector-cum-District Election Officer, Bemetara, he had been appointed as Additional Assistant Electoral Registration Officer and was engaged in the Special Intensive Revision (SIR) of electoral rolls. According to him, once deputed for revision of electoral rolls, the State Government lacked jurisdiction to transfer him without prior permission of the Election Commission. Reliance was also placed upon the communication dated 27.10.2025 issued by the Chief Electoral Officer, Chhattisgarh to the Chief Secretary, advising that officers engaged in SIR work should not be transferred during the revision period without prior approval of the Election Commission of India. Respondent No. 1 further contended that he had been subjected to frequent transfers and that the impugned transfer order was without jurisdiction and void ab initio. In support of his submission, reliance was placed on the decision of the Hon’ble Supreme Court in Jagmittar Sain Bhagat v. Health Services, Haryana , reported in (2013) 10 SCC 136. The writ petition was heard on 05.02.2026, and the learned Single Judge allowed the petition and set aside the transfer order dated 16.12.2025. Aggrieved thereby, the present writ appeal has been preferred.

4. It is further submits by the learned counsel for the appellant that by transfer order dated 16.12.2025, respondent No. 1 was transferred from Janpad Panchayat Berla, District Bemetara to the office of Assistant Project Officer, Zila Panchayat Bemetara, and the appellant was simultaneously transferred from Zila Panchayat Bemetara to Janpad Panchayat Berla in his place. The order was fully implemented. Respondent No. 1 was relieved, and the appellant joined at