Election Commission orders removal of 4 officers, CM refuses, know the whole matter

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The Election Commission has suspended four officials on charges of adding fake names to the voter list, data security violations and sharing login credentials with unauthorised persons. The action involved two electoral registration officers, two assistant electoral officers and a data entry operator. The number of people to be removed is said to be 4 in some places and 5 in others.

The Election Commission of India has directed the state Chief Secretary to register an FIR against all of them and initiate departmental action. As soon as the Election Commission gave this order, Chief Minister Mamata Banerjee became furious in Bengal. She clearly said that she is not going to remove any officer. She raised questions on the Election Commission for this.

Mamata Banerjee asked, “Elections are held after a long time, which law allows such an action?” Describing it as a move in favour of the BJP, she called the Election Commission a bonded labourer of the BJP.

Linking this action with steps like Special Intensive Revision (SIR), he called it a hidden conspiracy to implement the National Register of Citizens (NRC). He said he would protect state officials and not allow FIRs to be registered.

Question – Can the Election Commission remove state government employees in this manner?

Yes…The Election Commission has the power to ensure the freedom of the electoral process under the Constitution (Article 324) and the Representation of the People Act, 1950. If election officials act in a corrupt manner. Do not prepare the electoral roll properly or violate the data protection policy, the Election Commission of India can take suspension, FIR and other disciplinary action.

Question – Can the Election Commission do this even before the elections, i.e. before the election code of conduct comes into effect?

– The Election Commission of India has previously removed or transferred senior officials in other states in view of the risk of unrest to ensure the fairness of elections, such as the transfer of DGP Rajiv Kumar in Bengal ahead of the Lok Sabha elections in 2024.

Question – Then why is Mamata Banerjee challenging this action of the Election Commission?

– Mamata Banerjee is challenging this action of the Election Commission because she feels that the “timing” and “intent” of the Election Commission’s action is questionable.

Mamata says that neither the elections have been announced nor the model code of conduct is in force, then under which law does the Election Commission have the authority to suspend state officials or register FIRs? That is why she asked, “There is still a lot of time for the elections. Under which law did the Commission take this action?”

Question – Why is Mamata Banerjee calling this an interference in the jurisdiction of the state?

– Mamata Banerjee argues that the state government, and not the Election Commission, has the right to take disciplinary action against officers under the state government, as long as elections are not being held. She says, “The Election Commission is not the boss of the state government. We will not allow FIRs to be registered against these officers.”

Question – Against which other states has the Election Commission taken such a step?

– The Election Commission has taken such drastic administrative action in states many times. In West Bengal, in the year 2021, before the assembly elections, the state ADG and Home Secretary were removed in February-March. Then after the announcement of the elections, DGP Virendra was also removed. In the year 2019, before the Lok Sabha elections in Andhra Pradesh, Chief Secretary Anil Chandra Punetha was removed. Several police officers were transferred. Chief Minister Chandrababu Naidu protested and alleged that this happened under pressure from the Central government.

In Tamil Nadu, ahead of the 2016 assembly elections, the Election Commission had transferred the District Magistrate and the Police Commissioner of Chennai. The opposition had raised questions about impartiality and complained about the biased attitude of these officials. In Uttar Pradesh, in 2012, the Election Commission had transferred several District Magistrates and Superintendents of Police even before the announcement of the elections.

Question – Which law gives the Election Commission of India power over all aspects of elections across the country?

– The Election Commission has already talked about the Representation of the People Act, 1950 and 1951, it has been mentioned above. In it, it has also talked about Section 324, which gives it the power to control all aspects related to elections across the country, even before the elections, if it affects the sanctity of the electoral process.

Question – What will happen if Mamata does not listen to the Election Commission and does not remove the officials?

– The Election Commission can complain to the President that the state government is obstructing the election process. In such a case, the President can submit a report to the Central Government through the Governor. According to Article 356 of the Constitution, if a state is not functioning as per the Constitution, President’s rule can be imposed. However, this would be an extreme situation and usually the ECI tries other options first.

The Election Commission can say this by holding a press conference and issuing a notification. If the state government is not following the instructions of the commission, which is a violation of the constitution. If the conflict escalates, the matter can go to the Supreme Court. The Election Commission can say that the state government is violating its powers under Article 324.

Question – Can the Election Commission directly remove these officials from their duties?

– Absolutely. The Election Commission has the right to say that this officer will no longer be given any election-related work. If the state does not cooperate, the Election Commission can seek administrative assistance from the Government of India (Centre). It can publicly declare the state government as “violator”.

Question: What decision did the Supreme Court give in such a case in 1993?

– In 1993, T.N. Seshan was the Chief Election Commissioner of the Election Commission. Then the Supreme Court accepted that the Election Commission has full authority to conduct and control the election process, including the appointment and removal of officials.

 

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