Kolkata, March 17: A significant controversy has emerged regarding the transfer of several senior IAS and IPS officers in West Bengal following the announcement of the state assembly elections. Chief Minister Mamata Banerjee has expressed strong objections to the Election Commission’s decisions in a letter addressed to Chief Election Commissioner Gyanesh Kumar.
In her letter, the Chief Minister stated, “I am compelled to write regarding the recent orders issued by the Election Commission on March 15 and 16, 2026, which direct the transfer of several senior officials in the state administration and unilateral appointments. These orders include the replacement of the Chief Secretary, Secretary (Home and Hill Affairs), Director General of Police, Inspector General of Police, and other senior officials of the state machinery. Such extensive transfers have been made without any substantial reason and without allegations of violations, misconduct, or lapses related to the conduct of elections.”
She emphasized that it is well recognized that under Article 324 of the Indian Constitution, read in conjunction with Section 13CC of the Representation of the People Act, 1950, and Section 28A of the Representation of the People Act, 1951, officials engaged in election-related duties are considered on deputation to the Election Commission during elections. The Election Commission of India has the authority to transfer or post civil and police officers involved in election-related work.
Historically, during previous elections, the Commission has consistently consulted the state government, maintaining constitutional propriety and administrative tradition within our federal framework. In practice, the Commission requests the state government to provide a panel of three officials, from which it selects one to fill any vacancy created by a proposed transfer.
CM Mamata expressed deep concern and surprise that just hours after the press release announcing the 2026 West Bengal assembly elections, the heads of the state’s administrative machinery were removed. This was done arbitrarily, without requesting a panel of officials from the state government and without adhering to the established tradition that has guided the ECI and state institutional functioning during past elections. This undermines the spirit of cooperative federalism and the principles of our democratic system, which are fundamental characteristics of our constitutional governance. As a supreme constitutional body, the Election Commission of India is expected not only to exercise its powers but also to uphold the spirit and values inherent in India’s federal structure.
She further requested that the Commission refrain from adopting such unilateral measures in the future, as they risk undermining the long-standing legacy, credibility, and institutional integrity of the Election Commission, while also infringing upon the fundamental principles of our constitutional framework.
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