Subhro Kamal Mukherjee, J. - (1.) This is an application under Article 226 of the Constitution of India ('the writ petition' in short) challenging the circular letter dated February 11, 2004 issued by the Election Commission of India addressed to the Chief Secretaries and the Chief Electoral Officers of the States and Union Territories concerned about the posting of officers in the awake of general elections of the Lok Sabha and the State Legislative Assemblies. In the said letter the Commission communicated its policy that an officer, who has worked for four years or more in the same district, should be transferred out so that free and fair election could be conducted. It was, further, conveyed that the said Commission has decided that no officer connected with elections should be allowed to continue in his/her home district. It was stated that those instructions, inter alia, would be applicable to the Officers-in-Charge of the police stations, whether in the rank of Inspector or Sub-Inspector. It was conveyed that the policy of the Commission was communicated at this stage and even prior to the formal announcement of the election to ensure that the State Government concerned could take steps for transfer of the officer falling in the categories specified in the said circular letter as immediate steps to avoid large-scale dislocation of officers immediately after the announcement of the election.
(2.) The writ petitioners are Sub-Inspectors in rank and they are holding the posts of the Officer-in-Charge of different police stations in the District of Purba Midnapore. They are aggrieved as in consequence of the said circular letter dated February 11, 2004. West Bengal Police Directorate requested all the Deputy Inspector Generals of all the ranges to initiate steps to transfer the Officer-in-Charge of the rank of Sub-Inspectors within their ranges immediately.
(3.) Mr. Nara Narayan Gooptu, learned senior advocate, appearing in support of the writ petition, submits the Election Commission has exceeded its jurisdiction in issuing the said circular letter even before the formal announcement of election and thereby usurped the power of the appointing authorities. Mr. Gooptu submits that the West Bengal Police Directorate threatened to transfer the petitioners without any application of mind, but only to satisfy the desire of the Election Commission. Mr. Gooptu refers to the Regulations 834(c), 835(b), 836 and 877 of the Police Regulations of Bengal, 1943 and submits that the rules for periodical transfer of subordinate police officers have not been followed, but mechanically the Government decides to follow the desires of the Election Commission. Mr. Gooptu finally submits that the District of Purba Midnapore has been created only sometime in the year 2002 and as such even in terms of the said letter of the Election Commission his clients cannot be transferred.;