West Bengal 2026 polls: Calcutta High Court junks PIL against ECI’s transfer of IPS, IAS officers

A bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen refused to interfere with the transfer orders.

‘Can’t say numb like situation’

• The petitioner has not disputed the existence of power with ECI to transfer/shift the officers after issuance of election notification to ensure free and fair election. In the writ petition, the petitioner needs to plead and prove his case.
• One cannot be permitted to argue beyond the pleadings.
• It is clear like noon day that the petitioner has raised eyebrows because a sizable number of officers were transferred by ECI.
• In view of the aforesaid pleadings, where the existence of power of ECI to transfer/shift officers is admitted, we are not inclined to conduct any roving enquiry and analysis to examine whether the ECI otherwise had any such power or not.
• It was strenuously contended by senior counsel for the petitioner and advocate general that because of transfer of a sizable number of officers and staff, there is a vacuum created or if we borrow the word used by advocate general, there is a “numb” like situation in the state.
• Upon examining the rival stands, we do not find much substance in the said contention.
• No doubt, bureaucracy plays a vital role in implementing the policies and decisions taken by ministers and government and in their absence, the policies cannot be translated into reality, in the instant case, in place of transferred officers other officers have joined.
• It is seen that when one officer is transferred, another has occupied his position. Thus, as such there is no vacuum created in the system or in the administrative arena.
• The petitioner is a practising advocate and cannot have 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 election, it cannot be said that administrative machinery in the State is paralysed and a numb like situation has been created.

Limited scope of judicial review

• Since in the entire body of the petition, the petitioner being a practicing advocate and a legally trained person has not pleaded regarding any breach of any central/state legislation and not pleaded that election commission did not have the authority or jurisdiction to shift/transfer officers, in this PIL we are not inclined to undertake any academic exercise to examine as to whether ECI otherwise has any such power or not.
• The ECI has taken administrative decisions to transfer/shift the officers. This is trite that scope of judicial review on administrative decisions is limited.
• The transfer is an incident of service. If transfer order runs contrary to any statutory provision, the aggrieved employee/officer can assail it in appropriate proceedings.
• The existence of power with ECI is not in dispute. It could not be established that the power is used in an arbitrary manner, which resulted in any injury to public interest.
• In absence of establishing this elementary ingredient to maintain a PIL, petition cannot be entertained.

Case

The PIL, filed by advocate Arka Kumar Nag, sought quashing of transfer orders issued after the announcement of elections on March 15, 2026. The petitioner argued that the large-scale transfer of officers, including the chief secretary, home secretary, director general of police, and several district magistrates, was arbitrary.