Madhulika Shukla vs State Of Madhya Pradesh And Others

Vivek Rusia, J

Petitioner has filed the present Writ Petition being aggrieved by the order dated 16.03.2024 whereby she has been transferred from Panchayatiraj Prashikshan Kendra (PTC), Indore to Kshetriya GraminVikas Prashikshan Kendra, (ETC) Indore and in her place the respondent No.3 has been transferred.

The petitioner is in the cadre of Deputy Commissioner (Development). She is challenging the transfer order on the ground that vide order dated 20.06.2023 she was transferred from ETC, Indore to PTC, Indore and in her place respondent No.3 was transferred. Now the position has been restored within a period of six months. It is further submitted that the impugned order is antedated order and passed during the ban period imposed by Election Commission of India vide notice 26.03.2024.

Learned counsel for the petitioner submits that this order was not uploaded in the website as well as not sent through email to the petitioner on 16.03.2024, therefore it is apparent that this is antedated order issued in order to accommodate the respondent No.3.

Once the order signed by the Deputy Secretary on 16.03.2024, it is treated to be an order passed on the same day. There is no reason to doubt that it is antedated order. Even otherwise, only those Government Servants are exempted from transfer who are in election duty. The petitioner has not been assigned any election duty. Vide letter dated 16.03.2024, The Election Commission of India has informed about the application of Model Code of Conduct for General Election to House of the People (Lok Sabha), 2024. Clause 6 deals with ban on the transfer of all officers connected with the conduct with the election. Clause 6 is produced below:-

The Commission further directs that there shall be a total ban on the transfer of all officers/officials connected with the conduct of the election. These include but are not restricted to: -

i) The Chief Electoral Officer and Additi onal/Joint/Deputy Chief Electoral Officers;

ii) Divisional Commissioners;

iii) The District Election Officers, Returning Officers, Assistant Returning Officers and other Revenue Officers connected with the conduct of election;

iv) Officers of the Police Department connected with the management of election, like range IGs and DIGs, Senior Superintendents of Police and Superintendents of Police, Sub-Divisional Police Officers like Deputy Superintendents of Police and other Police officers who are deputed to the Commission under section 2BA of the Representation of the People Act, 1951;

v) The transfer orders issued in respect of the above categories of officers prior to the date of announcement but not implemented till date should not be given effect to without obtaining specific permission from the Commission in this regard;vi) This ban shall be effective till the completion of the election. The Commission further directs that the State Governments should refrain from making transfers of senior officers who have a role in the management of election in the State;

vii) In those cases where transfer of an officer is necessary on account of administrative exigencies, the concerned State Government may with full justification approach the Commission for prior clearance.

Even otherwise, the petitioner has been transferred within the Indore.

In view of above, no interference is called for, Writ Petition is dismissed.