PRAKASH TATIA, J. - (1.) Heard learned counsel for the parties.
(2.) As per the order issued by the Election Commission of India (Annex. R.2/1), the Commission directed that to conduct free and fair election, a consistent policy is followed to ensure that officers, who are connected with the conduct of elections is the states, do not serve in their home districts or places where they have served for long and decided that no officer connected with elections, directly or indirectly, should be allowed to continue in the present district of posting (a) if she/he is posted in her/his home district and (b) if she/he has completed three years in that district during last 4 years of would be completing 3 years on or before 31.5.2009. The Election Commission directed that the details of action taken obviously by the State Government may be intimated to the Commission for its information immediately and not later than 20.2.2009.
(3.) Following above decision, the Election Commission of India issued directions to all the State Governments and to the Union Territories in India to transfer employees who are connected with conduct of election of 2009 in the states and are posted in his/her home district if he/she has completed three years service in the district during last five years or would be completing 3 years on or before 31.5.2009. In view of above direction of Election Commission of India, the petitioner has been transferred vide order dated 27.2.2009 (Annex. 1). His name is at S.No. 119. He was working as Commissioner, Municipal Corporation, Jodhpur and he was transferred as Assistant Collector and Executive Magistrate (Headquarter). Amer (Jaipur) against the respondent No.4 Mr. Mool Chand who also completed three years posting in the district and was holding the said post. The respondent No. 4 by the same order was transferred as Assistant Collector and Executive Magistrate (Headquarter), Ajmer and Executive Officer, Municipal Board, Pushkar (Ajmer). The respondent No. 4 was transferred qua Ms. Sonia Yadav who was working as Assistant Collector and Executive Magistrate (Headquarter), Ajmer and Executive Officer, Municipal Board, Pushkar. Ms. Sonia Yadav was transferred as Project Manager, Scheduled Caste Development Corporation, Ajmer. Her transfer was against one Ms. Kamla who was holding the said post. Ms. Kamla was transferred from the post of Project Manager, Scheduled Caste Development Corporation, Ajmer to Assistant Collector and Executive Magistrate, Jaipur City, Jaipur.;