Anil Kumar vs State Of Uttarakhand And Others

Ramesh Ranganathan, CJ

The relief sought for in this writ petition is for a writ of certiorari to quash the transfer order of the petitioner dated 28.02.2019, and the subsequent relieving order dated 16.04.2019; a mandamus directing the respondents to revert the petitioner back to his original place of posting in the post of Assistant Registrar, Cooperative Societies, Almora with additional charge of Nodal Officer at Dehradun; and for a mandamus directing the respondents not to interfere in the functioning of the petitioner as an Assistant Registrar.

Pursuant to the directives issued by the Election Commission of India on 09.02.2019, whereby Chief Secretaries and Chief Electoral Officers of all the States and Union Territories were directed to carry out transfers/posting latest by 28.02.2019 and furnish a compliance report by the first week of March, 2019, an order was passed on 28.02.2019 deputing the petitioner to the post of District Assistant Registrar, Cooperative Societies Uttarakhand, Tehri Garhwal to perform duties to ensure free, fair and transparent Parliamentary elections.

The petitioner claims that he was, however, not relieved from his duties till the impugned order was passed on the afternoon of 16.04.2019, deputing him to the post of District Assistant Registrar, Cooperative Societies Uttarakhand, Tehri Garhwal.

Mr. Rakesh Thapliyal, learned counsel for the petitioner, would submit that the petitioner is physically handicapped; while the respondents may have been justified in deputing him in February, 2019 since elections were scheduled to be held in the State of Uttarakhand on 11.04.2019, there is no justification whatsoever in transferring the petitioner to Tehri Garhwal, by proceedings dated 16.04.2019, since by then the elections in the State of Uttarakhand were already over.

On the other hand, Mr. Shobhit Saharia, learned Standing Counsel for the Election Commission of India-respondent nos. 2and 3, would submit that, while polling took place on 11.04.2019 in the State of Uttarakhand, the process of election would only be completed after the votes are counted on the 23rd of May, 2019, and the elections results are finally declared; and the Model Code of Conduct is in force till then.

The power of superintendence, direction and control of Parliamentary elections is vested in the Election Commission of India and, in the exercise of its powers of superintendence, it is for the Election Commission of India to issue necessary directives, to the concerned States, regarding transfers/postings of officers to ensure free and fair elections.

While the petitioner was deputed as early as on 28.02.2019, he cannot be permitted to take advantage of any delay on the part of the officials concerned in giving effect to the order of deputation dated 28.02.2019, and in not relieving him prior to the order dated 16.04.2019.

We see no reason, therefore, to interfere with the impugned order since the said order itself reflects that the petitioner's services are required for ensuring free and fair elections in the State of Uttarakhand.

Mr. Rakesh Thapliyal, learned counsel for the petitioner, would express apprehension that the petitioner may not be brought back to his original place of posting; and the impugned order may be treated as a transfer order.

A bare perusal of the impugned order reflects that the petitioner has only been deputed to discharge duties required to ensure free and fair elections. If the petitioner is continued at Tehri Garhwal, even after the Model Code of Conduct comes to an end, it is always open to him to question the same in appropriate legal proceedings. Leaving it open to the petitioner to do so, the writ petition fails and is, accordingly, dismissed.

No costs.