The West Bengal chief secretary had earlier written to the Commission seeking clarifications on some technical matter and requesting the poll panel to reconsider the transfers. Though the panel, in its reply sent on Tuesday afternoon, answered the technical queries, it made clear to the state government that there was no scope for revisiting the transfer orders and the same would have to implemented latest by 10 am on Wednesday.
If the state government fails to do so, the Commission has the option of deferring the polls in the constituencies from where it has ordered the officers to be shifted out. Though there were reports that Mamata Banerjee had agreed to effect the transfers as long as she was consulted on the replacements, EC sources said there was no rule or law mandating consultation with the state government on transfer of poll-related officers. "Though we ask the state government for a panel of officers to replace a DGP, it is only because the state is familiar with the seniority and eligibility of officers for that post. In case of SPs, this limitation is not there," an EC official pointed out.
"The decision to transfer the officers in West Bengal was taken in the interest of free and fair polls. And if the state leadership refuses to implement our order and, as such, interferes with our Constitutional responsibility to conduct free and fair polls, the EC will have no option but to postpone the polls in the affected constituencies," said the official.
According to former Chief Election Commissioner N Gopalaswami, the EC may, before deferring the polls, seek governor M K Narayanan's intervention under clause (6) of Article 324 of the Constitution to advise the Mamata Banerjee regime to move out the said officers and bring in its replacements sought by the EC.
Clause (6) of Article 324 states that "the President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1) (of Article 324)".
If the state government still refuses to replace the officers, the EC, said Gopalaswami, can go ahead and postpone the poll, notifying a new polling date that may well be after May 16, the counting day for all Lok Sabha constituencies. The postponement can be announced even a day before polling.
In 2007 assembly polls in Punjab, the EC had deferred polling in Beas constituency after security officials of the sitting Congress candidate fired at and killed an Shiromal Akali Dal party worker. The polls were held after the counting date.
The officials whose transfer was ordered by the EC include superintendents of police (SPs) in charge of West Midnapore, Bardhman, Birbhum, Malda and North 24 Parganas districts and the district magistrate of North 24 Parganas
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