The Hindu : Front Page : Transfer issue: EC moves Supreme Court

Online edition of India's National Newspaper
Thursday, Apr 13, 2006

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Transfer issue: EC moves Supreme Court

J. Venkatesan

Says Election Commission's jurisdiction already recognised by apex court

R. Nataraj

New Delhi: The Election Commission moved the Supreme Court on Wednesday, challenging a Madras High Court order maintaining that the Commission's direction to transfer the Chennai Police Commissioner, R. Nataraj, was not binding on the Tamil Nadu Government.

In its March 13 letter, the Commission asked the Government to shift Mr.Nataraj, taking a serious view of his statement in an interview to a newspaper: "Chief Minister Jayalalithaa is the perfect example of the ideal woman. I think she is an icon and every woman should look up to her."

Assailing the March 31 judgment, the Commission, in its special leave petition, said the High Court failed to appreciate that following the announcement of elections through a press release till the actual issuance of statutory notification, it was required to initiate several steps with a view to ensuring free and fair elections.

The SLP pointed out that the powers and jurisdiction of the Commission during the period between the announcement of polls and notification was recognised by the apex court in its April 26, 2001 order stating that the model code of conduct would come into operation from the date of announcement of polls and not from the date of the actual notification.

Ground situation

The Commission had to assess the ground situation in each State regarding infrastructure and postings of officials including police. All these would play a vital role in ensuring free and fair elections.

The Commission could not be expected to wait till the actual notification for initiating such steps.

As for the direction to transfer Mr.Nataraj, the Commission said officers dealing with elections should not only act impartially, but should also not do anything that would impinge on their impartial conduct. "The Commission, after carefully considering the issue in all its aspects, was of the opinion that when an officer, by his own public statement, shows a positive leaning towards a particular leader of the ruling party, his impartiality, objectivity and neutrality definitely come under question."

It was imperative to recognise the Commission's power to direct transfer of officials involved in election related work for the conduct of free and fair elections even before the issuance of the actual notification.

Direction sought

If the interpretation of the High Court was to the accepted as being correct, it was bound to create numerous difficulties in the smooth conduct of elections, particularly during the period following the announcement of the polls and the issuance of the notification, the Commission said and sought a direction to quash the impugned judgment and an interim stay of its operation.

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