BAN ON TRANSFERS

Ban on transfer of officers connected with the General Elections/Bye Elections (dated 08/02/1996).

Election Commission's Letter No. 434/1/96, Dated 8Th February, 1996 addressed to The Chief Secretaries of all States and Union Territories.

Subject: Ban on transfers of officers connected with the General Elections/Bye-elections.

In the interest of free and fair election and to ensure that an atmosphere of trust and coincidence is maintained during the conduct of elections, the Commission has been laying great emphasis on imposing reasonable restrictions on the transfer of officers connected with the conduct of elections.

2. It is well know that certain State Government appoint pliable and politically motivated persons in sensitive posts like DEOs ROs etc. They also transfer forthright officers, who do not work according to the dictates of the ruling political party or influential political leaders. This tendency specially manifests itself during the period when the election become imminent.

3. After taking all factors into consideration the Commission would urge the State Governments to cooperate with the Election Commission in its onerous duties of conducting a free and fair elections. They are requested to act with great care and caution and circumspection depending upon the practicalities of the situation and adopt a pragmatic path and ensure that officers connected with election- related duties are transferred only under very special circumstances and public exigencies and interest. Further they are requested to ensure that while effecting transfers the incumbents shall be relieved only after posting suitable substitutes in their places. Also election-related posts may not be kept vacant for long periods.

4. Section 13CC of the Representation of the People Act. 1950 envisages that all officers or staff employed in connection with the preparation, revision and correction of electoral rolls for and the conduct of all elections shall be deemed to be on deputation to the Election Commission for the period during which they are so employed and such officers and staff shall during that period be subject to the control, superintendence and discipline of the Election Commission. Section 13AA of the Representation of the People Act, 1950 and Section 21 of the Representation of the People Act, 1951 further amplify the Commission's authority over District election Officers and Returning Officers.

5. The officials who are actually connected or are likely to be connected, with the conduct of general election/bye elections are:-

(1) The Chief Electoral Officer and Additional/Joint/Deputy/Assistant Chief Electoral Officer and District Electoral Officers;

(2) Divisional Commissioner and such other Officers:

(3) District Election Officers, Returning Officers, Assistant Returning Officers who have to discharge statutory duties and responsibilities connected with the conduct of elections;

(4) The Superintendent of Police, Deputy Superintendents of Police and Assistant Superintendents of Police and other senior level police officers like S.H.O. or Police Station In-charge who are entrusted with the task of maintenance of law and order and peaceful conduct of elections;

(5) Officers in the Revenue Department like Revenue Officers, Deputy Collectors, Deputy Tahsildars, Block Development Officers and Officers of Local Bodies who are entrusted with work connected with the elections.

6. The above request will apply to all the officers mentioned in para 5.

7. It is further requested that no official against whom any disciplinary action under Section 13CC of the Representation for the People Act, 1950 and /or Section 28A of the Representation of the People Act, 1951 has been taken during the immediately proceeding elections may be drafted for any election related work . As a first step to ensuring this the Chief Electoral Officers are requested to immediately consolidate information about all District Magistrates, District Election Officers and Returning Officers of all Assembly Constituencies and furnish this information to the State Govt. under intimation to the Commission. This may be taken up two months before the expiration of the terms of the Lok Sabha/State Legislative Assembly and immediately on the announcement of elections in the case of bye-elections.

8. In accordance with the obligation to ensure that the elections are conducted in an atmosphere of impartiality the Commission would further urge that election-related officers may not be posted in their home districts.

9. It is further requested that all officials, connected with the conduct of elections, who have remained in a particular place of posting for more than five years may be transferred immediately

10. It is further necessary to ensure that no officer is made responsible for the conduct of election if the officer is related to any of the candidates.

11. the Commission would further urge that action to replace such officers included in para 7, 8 & 9 may be taken forthwith or as soon as such a contingency arises after informing the Chief Electoral Officer/Commission.

12. It may also be ensured that the grant of leave is done with adequate care and scrutiny so that election work does not suffer. In the case of Junior Officers and staff directly connected with the elections grant of leave may be considered on merit at the level of District Election Officers/Chief Electoral Officer/Chief Secretary, as the may be depending on the rank of officer.
Copy to :
----------The Chief Electoral Officers of all
----------States and Union Territories.



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