The Calcutta High Court on Tuesday dismissed Public Interest Litigations (PILs) challenging the Election Commission of India’s large-scale transfers of IAS, IPS, and police officers in West Bengal, holding that such transfer orders must be understood in the context of conducting free and fair elections.
The order came after Advocate Arka Kumar Nag filed a PIL in the Calcutta High Court last week, challenging the transfers of senior officials in West Bengal on ECI’s order. In his first petition, Nag challenged the transfers of 46 IAS and IPS officers, followed by a second PIL on Monday challenging the transfers of 267 officers-in-charge, inspectors-in-charge of police stations, and block development officers.
In an order, the Division Bench of Chief Justice Sujoy Paul and Justice Partha Pratim Sen said, “The petitioner is a practising advocate and cannot have a grievance against transfer of officers unless such transfers result in injury to public interest. As analysed above, if officers are transferred for a short time, i.e. till the election, it cannot be said that administrative machinery in the state is paralysed and a numbed-like situation has been created.”
The bench held that there is no obligation on ECI to either give a reason or specify the circumstances under which these transfers are effected.
ECI’s counsel, Dama Sheshadri Naidu, submitted that the chief secretary, Nandini Chakravorty, was replaced by an officer a year senior to her, and that the current home secretary has seven years more experience than the previous occupant of the chair.
“The contention of Shri Naidu, learned senior counsel for the ECI, is based on the said ‘press note’ dated 17.03.2026, which shows that the posting/transfer of IAS officers in good numbers is a pan-India exercise. The contention of Shri Naidu, based on the said ‘press note’, is not disputed either by the petitioner or by the State. Thus, we find no reason to hold that while shifting/transferring officers of the State of West Bengal, ECI did any step-motherly treatment.”
Hours after the West Bengal Assembly election dates were declared on March 15, the poll body transferred Chakravorty and home secretary Jagadish Prasad Meena. This was the first time that a chief secretary had been moved out of office before the Assembly elections.
Chief Minister Mamata Banerjee, in her political campaigns, has made the transfer of officers the talking point and accused the BJP and the Election Commission of imposing an “Emergency” in the state and paralysing her government.
EC officials said the transfers were a measure to ensure free and fair Assembly elections in West Bengal.
The elections to the 294-member Assembly in the state will be held in two phases — on April 23 and 29 — and the counting of votes will be held on May 4.