CHARAN SINGH Vs. CHIEF ELECTION COMMISSION AND OTHERS

JUDGEMENT

(1.) Heard Sri Ankit Sah, learned counsel for the petitioner, Sri Shobhit Saharia, learned counsel for the Chief Election Commission, Sri Paresh Tripathi, learned Chief Standing Counsel for the State of Uttarakhand, and Sri T.A. Khan, learned Senior Counsel appearing on behalf of the third respondent.

(2.) This writ petition is filed allegedly in public interest seeking a writ of mandamus directing the respondents to transfer the 4th respondent from the present place of posting as Additional District Magistrate (Finance and Revenue), Haridwar in terms of Clause 4 / 6.1 of Circular No. 437 dated 16.01.2019.

(3.) While it is debatable whether the jurisdiction of this Court under Article 226 of the Constitution of India can be invoked to enforce the Circulars issued by the Chief Election Commission of India, we are satisfied, in the facts and circumstances of the present case, that even if we proceed on the premise that such Circulars are enforceable under Article 226 of the Constitution, the continuance of the 4th respondent in Haridwar does not offend the Circular of the Election Commission of India dated 16.01.2019.