Arka Kumar Nag vs Election Commission Of India And Others

Headnote AI-drafted · Editorially reviewed

The petitioner, an advocate and counsel representing the State Government of West Bengal, filed this Public Interest Litigation challenging transfer orders issued by the Election Commission of India (ECI) following its notification of elections in five States on 15.03.2026. The petitioner contended that the mass transfer of the Chief Secretary, Home Secretary, DGP, District Magistrates, Superintendents of Police, and other officers without justifiable reasons was arbitrary, mala fide, and disturbed the federal structure by interfering with the functioning of an elected State Government.

The petitioner argued that while the ECI possesses supervisory powers under Article 324 of the Constitution, those powers are not unfettered and must be exercised in consonance with laws made by Parliament, including the Representation of the People Acts of 1950 and 1951. Reliance was placed on Section 13CC of the RP Act 1950, Sections 20A, 20B, 21, 22, 26, and 28A of the RP Act 1951, and the Constitution Bench judgment in Mohinder Singh Gill v. Chief Election Commissioner to urge that transfers and appointments of observers must follow statutory prescriptions and cannot be governed merely by ECI handbooks or manuals.

The petitioner further submitted that posting an officer of West Bengal as an observer to Tamil Nadu while simultaneously directing transferred officers not to be engaged in election duties reflected a mutually inconsistent stand by the ECI. The matter was heard on 27.03.2026 and judgment was reserved, with the court considering the scope of the ECI's power to transfer civil servants during the election period and the interplay between constitutional authority and statutory provisions.

Catchwords: Public Interest Litigation · Election Commission of India · transfer of officers · Article 324 · Article 356 · federal structure · Representation of the People Act 1950 · Representation of the People Act 1951 · free and fair elections · mala fide exercise of power · observer · Chief Secretary · IAS officers · police officers · West Bengal elections · supervisory power · statutory compliance