WEST BENGAL ELECTION 2026: CALCUTTA HC RESERVES VERDICT ON PIL CHALLINGING MASS IAS-IPS TRANSFERS

The Calcutta High Court has postponed its decision on a significant Public Interest Litigation (PIL) that could alter the Election Commission of India’s (ECI) administrative powers. Senior advocate Kalyan Banerjee submitted the petition on behalf of Arka Kumar Nag. It challenges the complete dismantling of the state’s administrative structure following the announcement of the 2026 Assembly elections. The case questions whether the ECI went beyond its constitutional limits by bypassing the state government while reshuffling over 70 high-ranking IAS and IPS officers.

Kalyan Banerjee argued before a Division Bench led by Chief Justice Sujoy Paul that while Article 324 grants the ECI supervisory powers, these powers are not unlimited. They must respect the principles of Indian federalism. The petitioner contended that the Commission acted unfairly, replacing the State’s Chief Secretary, Home Secretary, and Director General of Police (DGP) within hours of the poll announcement on March 15. This move aimed to control the state government from Delhi.

In response, the Election Commission defended the reshuffle, claiming it has the necessary powers under the Constitution to ensure a fair environment. Senior counsel D.S. Naidu, who represented the poll panel, argued that the transfers were essential for fair policing and to eliminate any appearance of bias in administration. The ECI stressed its commitment to safe and fair elections, noting that the transferred officers would not engage in any election-related duties until the polls are over. Notable changes included the appointment of Natarajan Ramesh Babu as DGP and Ajay Kumar Nand as Kolkata Police Commissioner.

The court debate highlighted a key conflict: the ECI’s need for an unbiased administration versus the state’s need for continuity. Kalyan Banerjee pointedly asked during the hearing, “If all officers are transferred, how will the state run for a month?” With the first phase of polling scheduled for April 23, the High Court’s upcoming ruling is crucial for the “Model Code of Conduct” and the future independence of civil service during elections.

By Anupama Shaw