Chief Minister Mamata Banerjee on Thursday wrote another strongly worded letter to Chief Election Commissioner (CEC) Gyanesh Kumar, expressing “deep shock” at the poll panel’s functioning. The letter came hours after the TMC chief attacked the poll panel for ‘overnight’ transfers of top bureaucrats and IPS officers in the poll-bound state.
In the letter, her eighth to the CEC in recent months, Mamata Banerjee alleged that the poll panel had “crossed all boundaries of decency and constitutional propriety”.
The chief minister accused the poll panel of acting with “apparent bias” since the commencement of the Special Intensive Revision process and ignoring concerns raised by the state government.
“I am deeply shocked by the functioning of the Election Commission of India, which, in my view, has crossed all boundaries of decency and constitutional propriety. The ECI has acted with apparent bias, showing little regard for ground realities or the well-being of the people,” Mamata Banerjee said in the letter.
What action has the EC taken so far?
Soon after the announcement of poll dates for West Bengal and other states, the Election Commission ordered transfers of officials in West Bengal. The poll panel transferred the Chief Secretary and the Principal Secretary, Home and Hill Affairs, in Bengal as well. In all, at least 21 top IAS and IPS officers have been transferred by the Commission in Bengal, including the state’s DGP and Kolkata Police Commissioner, since Monday. The poll dates – April 23 and 29 for Bengal – were announced on Sunday.
The poll panel has not mentioned any reason for transfers. But in a written comment provided by the poll panel along with the orders, Chief Election Commissioner Gyanesh Kumar has, however, said that the Election Commission is “committed to holding transparent, free of fear, violence-free and inducement-free elections”.
What does the law say on transfers ordered by EC?
With the announcement of poll dates, the Model Code of Conduct (MCC) for elections comes into force. With MCC in place, the Election Commission usually begins deploying security personnel and appointing officers for the smooth conduct of elections.
The MCC refers to the rules of conduct for parties and candidates and will be in effect until the election results are announced on 4 May.
Under the law, all officers involved in poll-related tasks are treated as on deputation to the Election Commission during an election.
“Chief Electoral Officers, District Election Officers, etc., deemed to be on deputation to Election Commission,” says Section 13CC of the Representation of the People Act, 1950.
This means that, in a way, district officials report to the EC during elections. A District Magistrate, for example, becomes a District Election Officer during elections.
“The officers referred to in this part and any other officer or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of, all elections shall be deemed to be on deputation to the Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the Election Commission,” reads Section 13CC the Representation of the People Act, 1950.
Section 13 CC was added through an amendment in 1989. In 1993, the Election Commission under CEC TN Seshan moved the Supreme Court for clarification on this provision. In 2000, the poll panel and the government agreed to the terms of settlement in 2000, which made it clear that the EC could suspend and substitute officers for dereliction of duty.
These provisions govern the transfers ordered by the Election Commission during elections.
What is Mamata Banerjee’s allegation?
In a letter to the CEC, Mamata Banerjee alleged that the “sweeping” changes had been made without any reason or allegation of misconduct or lapse by the officials who have been transferred with regard to the conduct of elections.
At a rally in central Kolkata following a march to protest the lpg crisis in the state earlier this week, Mamata Banerjee branded the EC and the ruling BJP as “anti-women and anti-Bengal”.
“They chose the hour of midnight to remove Nandini Chakravorty, the chief secretary and a Bengali woman, without consulting the state government. It goes to show how anti-women they are,” Banerjee said.
The EC removed the current Chief SecretaryNandini Chakraborty, from her post and appointed Dushyant Nariyala, an IAS officer of the 1993 batch, in her place.
In the letter to CEC, Mamata Banerjee acknowledged the EC’s powers but said that historically, the commission had consulted the state government before making such changes. Usually, the poll panel seeks a panel of officers from the state government to choose from when replacing an official. However, there is no law mandating it.
Transfers in other poll states?
Election Commission transferring officials during elections is normal. The poll panel usually says that, to ensure a level playing field, officials perceived as close to a political dispensation are transferred.
In Assam, which is also going to polls, the EC has changed 10 senior officers — five Superintendents of Police and five District Election Officers (that is, the District Magistrates). The poll panel has ordered five transfers in Kerala and four in Tamil Nadu so far.
Elections are scheduled in Tamil Nadu, Kerala, Assam, Puducherry, and West Bengal, the state that has seen the most transfers in the first week after poll date announcements.
I am deeply shocked by the functioning of the Election Commission of India, which, in my view, has crossed all boundaries of decency and constitutional propriety.
In the 2024 Lok Sabha elections, the poll panel removed then-West Bengal DGP Rajeev Kumar for the duration of the polls. During the 2024 polls, the EC removed the Home Secretaries of six states, including Uttar Pradesh and Gujarat.
