Court Upholds Statutory Mandate Under Representation of the People Act, Affirms Single Judge's Order
In a significant ruling, the Chhattisgarh High Court has dismissed an intra-court appeal challenging the nullification of a transfer order concerning an officer engaged in electoral roll revision work. The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, upheld the order of the Single Judge, emphasizing the statutory mandate under Section 13CC of the Representation of the People Act, 1950.
The case, titled "Dipti Mandavi v. Shishir Kumar Sharma," arose from the transfer of Shishir Kumar Sharma, a Block Development Officer, who was also serving as an Additional Assistant Electoral Registration Officer during the Special Intensive Revision (SIR) of electoral rolls. The transfer, executed without prior approval from the Election Commission of India, was challenged as being contrary to the statutory provisions governing electoral administration.
The court examined the constitutional framework under Article 324, which confers superintendence, direction, and control of elections to the Election Commission, and reiterated that officers engaged in electoral duties are deemed to be on deputation to the Commission. The Bench highlighted that any transfer of such officers without the Commission's consent undermines the basic structure of free and fair elections.
The appellant, Dipti Mandavi, contended that the transfer had already been implemented, and administrative arrangements were finalized. However, the court rejected this argument, asserting that an order passed in contravention of statutory mandates cannot be legitimized merely by its implementation.
The judgment underscores the obligation of the State Government to comply with lawful directions issued by the Election Commission, reinforcing the constitutional mandate for ensuring the integrity of electoral processes.
Bottom Line:
Transfer of officers engaged in electoral roll revision work without prior approval of the Election Commission of India is unsustainable in law as it contravenes the statutory mandate under section 13CC of the Representation of The People Act, 1950.
Statutory provision(s): Representation of the People Act, 1950 Section 13CC, Constitution of India, 1950 Article 324
Dipti Mandavi v. Shishir Kumar Sharma, (Chhattisgarh)(DB) : Law Finder Doc id # 2860686
