Calcutta High Court Calcutta. File | Photo credit: The Hindu
Finding no public prejudice to the legality, validity and propriety of the transfer orders issued by the Election Commission of India (ECI), the Calcutta High Court on Tuesday (March 31, 2026) dismissed a public interest litigation (PIL) challenging the transfer of administrative and police officers in West Bengal.
“Transfer is an incident of service. If the transfer order is in violation of any statutory provision, the aggrieved employee/officer can challenge it in appropriate proceedings. In our view, the legality, validity and propriety of transfer orders which have not caused any injury to the public cannot be litigated in public interest,” Chief Justice Sujoy Paul and Justice Partha Sarathi Sen said in the order.
Since the Model Code of Conduct (MCC) came into effect, the ECI has transferred a large number of officers, including the Chief Secretary of State, Home Secretary, Director General of Police and many IAS and IPS officers. The Trinamool Congress leadership claimed that 395 officers have been transferred so far.
The PIL was filed by Arka Kumar Nag. The bench noted that attempts were made to establish a link between some senior politicians and Chief Election Commissioner Gyanesh Kumar.
“The petitioner has tried to create a political nexus between some senior politicians and the respondent. However, as rightly pointed out by the learned counsel for ECI, no such persons against whom allegations of conspiracy, pressure tactics etc. have been made by name. Hence, no allegation of bad faith can be leveled against ECI. Apart from bald pleadings, no material could be brought before the court.
During the proceedings, senior counsel for the petitioner, Kalyan Banerjee and Advocate General Kishore Dutta, representing the West Bengal government, argued that a vacuum had been created by the transfer of a substantial number of officers and staff. “After examining the rival stands, we do not find much substance in the said contention,” the court observed. The Bench further said that the State of West Bengal, which supported the petitioner, is the respondent in the matter and “cannot step into the shoes of the petitioner”.
The development comes as a setback for the Trinamool Congress, which had contested the transfers.
Elections to the 294-member West Bengal Assembly will be held in two phases – April 23 and 29, with counting scheduled for May 4.
Published – 31 March 2026 18:50 IST
