The Narendra Modi government has demanded an explanation from the Election Commission (EC) on its order to the transfers of DGP P C Pande, Ahmedabad police commissioner J Mahapatra, two District collectors and four Superintendents of Police.
The state government has claimed that the EC has no right to order the transfers because the transfers do not fall within the Election Commission’s guidelines. The government has also said that the there was no any vigilance enquiry against the officers who were transferred after the order issued by EC poll panel.
Further, the state government has feared that the EC may recommend bringing an officer to become the state DGP. However, the state government has halfheartedly sent a list of probable officers on the position of transferred officers for approval on Wednesday.
Earlier on Monday, the EC had issued the transfer order of Gujarat Director General of Police P C Pandey and seven other police officials posted in different districts. According to the report, the three-member panel appointed by the Election Commission issued the order of transfer of eight senior police officials including J. Mahapatra, commissioner of police, Ahmedabad, and I.M.Desai, deputy inspector-general, border range, with immediate effect.
All the eight police officers will not be assigned the election-related duties in the state. The state would go on poll in two phases on December 11 and 16.
While issuing the transfer order of J.N.Rajgor, SP, Patan district, N.D.Solanki, SP, Rajkot district, S.K.Gadhavi, SP, Tapi district, D.H. Brahmbhatt, collector, Valsad district and Sonal Mishra, collector, Gandhinagar district, the poll panel had said that these officials would not be given posting in any capacity in the same district.
When the state government delayed in sending the list of names to the EC poll panel on Tuesday, the EC panel sent it a letter along with a list of proposed replacements by quoting Article 324 of the Constitution of India. According to the article 324 of the constitution, this is obligatory for the Governor of Gujarat to make available to EC all the staff needed for any poll-related function.
The EC’s letter also stated that the state government is in the same way obliged according to the Constitution to make sure the are conducted in a free and fair manner by providing necessary assistance asked by the EC.
On the issue of transfer orders of police and other officials, the EC said that the order of transfer is an incidence of service. It does not carry any kind of disgrace or discomfiture with it. These transfers are done in public interest and the complaints and vigilance are not prerequisite for such transfers.
After the second letter received by the state government, Gujarat CM Modi reportedly spent the whole day in secretariat to give a final shape to the list. He decided to send the list of officers’ names to the EC by 5 pm on Wednesday just before the ending of deadline.
