‘Election Commission Has Ultimate Power!’ EC Lawyer Tells HC on Transferring Any Official for Fair Polls

Amidst the heated political atmosphere of the 2026 West Bengal Assembly Elections, the Election Commission of India (ECI) has asserted its supreme authority regarding the transfer of government officials. Representing the Commission in the Calcutta High Court, its legal counsel clarified that the EC possesses the power to transfer any state or central government employee or officer to ensure a “free, fair, and transparent” electoral process.
Legal Defense in High Court: The statement came in response to a petition challenging the recent mass reshuffle of IAS and IPS officers in West Bengal. The petitioner argued that such unilateral transfers without consulting the state government violate the federal structure. However, the EC’s lawyer countered this by citing Article 324 of the Constitution, which grants the Commission plenary powers of superintendence, direction, and control over elections. He emphasized that once the election process begins, officials are deemed to be on deputation to the EC and are under its direct disciplinary control.