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Calcutta High Court Dismisses PIL Against EC’s Officer Transfers in West Bengal

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Kolkata: The Calcutta High Court on Tuesday, March 31, 2026, dismissed a Public Interest Litigation (PIL) challenging the Election Commission of India’s (ECI) decision to transfer several top-tier administrative and police officers in poll-bound West Bengal. The division bench, led by Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, ruled that the ECI possesses the clear authority to shift officials to ensure free and fair elections and that such transfers do not create an administrative “vacuum” or “paralysis” as alleged by the petitioner.

The legal challenge, filed by Trinamool Congress (TMC) MP and advocate Kalyan Banerjee along with advocate Arka Kumar Nag, questioned the ECI’s March 15 notification. That order had directed the immediate transfer of the State’s Chief Secretary, Home Secretary, and Director General of Police, alongside several District Magistrates and Superintendents of Police. The petitioners argued that such large-scale reshuffling was arbitrary and undermined the principles of federalism by disrupting the state’s governance during a critical period.

However, the Court observed that since the petitioner had already acknowledged the ECI’s power to transfer officers after the election notification, there was no ground to challenge its jurisdiction. The bench further noted that similar or even larger reshuffles had taken place in other poll-bound states, indicating that West Bengal was not being specifically targeted. While dismissing the PIL, the High Court clarified that its judgment would not prevent individual aggrieved officers from personally challenging their transfer orders if they felt their statutory rights had been violated.

With the legal hurdle cleared, the state remains on track for the 294-member Assembly elections, which will be conducted in two phases on April 23 and April 29, 2026. The counting of votes is scheduled for May 4. The ECI has already appointed several new officials to key posts, including Siddh Nath Gupta as the new Director General of Police, to oversee the electoral process.

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