A three-judge bench headed by CJI will hear the matter.Supreme Court Hearing on ECI Transfer Row Live Updates: The Supreme Court Thursday rejected the plea against transfer of IAS and IPS officers by the Election Commission of India (ECI) following the announcement of election in the state of Calcutta. However, the court has kept open the question of law regarding absence of consultation by the ECI with the State government.
“Though the petitioner has raised substantial questions of law which might require consideration keeping in view the elections, however we are not inclined to entertain this SLP. Question of law is kept open,” CJI said in its order.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi heard the matter.
What was Calcutta HC’s order? Calcutta High Court had refused to interfere with transfer orders observing that the mere transfer of a large number of officers does not, by itself, render the action arbitrary, capricious, or mala fide. It remarked that the judgment will not come in the way of the individual aggrieved officers to challenge their transfer orders. “Merely because the ECI had transferred a sizable number of officers, it cannot be said that action is arbitrary, capricious or mala fide. More so, when similar or more number of transfers/posting of officers had taken place nationwide,” the bench noted.
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.
Banerjee: That was what I was expecting, not much. Very honestly speaking. How the HC has rejected me after hearing. A shortcut process was taken that was not acceptable to me
Justice Bagchi: Your consultation point has some substance...
CJI: Though the petitioner has raised substantial questions of law which might require consideration keeping in view the elections, however we are not inclined to entertain this SLP. Question of law is kept open.
Justice Bagchi: West Bengal have been a field day for electoral litigation
CJI: If you ECI won’t do, because there is no parliamentary.. as a constitutional institution. Tomorrow if ECI is required to take drastic measures for free and fair elections and then you say there’s no parliamentary…
CJI: Don't keep elections in mind. An observer from outside is always ideal.
CJI: Observer from outside state is not new practice
Banerjee: It may be there but even the practice is contrary to the statue
CJI: The worst example is your state. There was trust deficit on both sides.
Banerjee: First time in history this has been brought about by Election Commission.
CJI: Object of all India services getting frustrating. officer also plum posting. they go and surrender only to secure position..This is the impression created in the mind of the general public
Banerjee: 1100 officers one night have been transferred under what assessment...This is the first time in West Bengal. Chief Secretary has been transferred
Banerjee: Absence of consultation cannot be there
CJI: Instead of deciding something academic, something which we can take up at the initial stage which we will decide in an appropriate case, we will keep the question of law open
Banerjee: I have raised substantive questions.
Banerjee: You have changed SP DG you have changed everyone...Question is that the competent officers. There may be so many officers. All are not competent
CJI: The officials who have been transferred its not that they have been brought from outside. They were all your serving officers
Banerjee: Consultation with the state government has not happened..Even previous till 2024 even by-elections, has happened in consultation with state of WB
Banerjee: Whole process was in contravention of the Act. Power of superintendence does not take away legislative power.
CJI: Not that this has happened first time
Senior advocate Kalyan Banerjee appears for the petitioner
Court assembles, hearing begins
Court to take up the matter after break
The apex court is hearing item number 52, the plea is listed as item number 54
"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 Calcutta HC had said
On March 31, Calcutta High Court had dismissed the PIL challenging the transfer of senior bureaucrats and police officials by the Election Commission of India (ECI) following the announcement of election in the state, observing that the mere transfer of a large number of officers does not, by itself, render the action arbitrary, capricious, or mala fide.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi will shortly hear the plea against ECI's transfer of IAS and IPS officers following the announcement of election in the state of Calcutta.
