RAGHUPATI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, in the capacity as the Incharge of Election Compaing Committee, Bihar State Janta Dal, is desirous for issuance of a writ for quashing an order of transfer dated 23rd December, 1989 (Annexure-1), by which eight officers at the Secretariat level have been transferred from one Department to the other and for any other order or direction that may be deemed fit and proper in the circumstances of the case. It is said that the quashing of the said order (Annexure-1) would be in the interest of purity of election and for avoiding unfair means in the conduct of election.

(2.) IT has been averred in the petition that the Congress Government in Bihar have indulged in booth-capturing and rigging the election and they have indulged in corrupt practices succssfully by having pliable officers on the important posts for flouting the verdict of the people. With this objective, there have been transfers on crucial posts on the eve of election, so that mass transfer of officers and Government employees be made effective through such officers. There have been some aspersions made against the Chief Minister which read as follows: That Dr. Jagannath Mishra, an expert in manipulating politics, has been inducted as the Chief Minister, Bihar for amassing illegal gratifications on the eve of impending Assembly Elections, likely to be held in February-March, 1990 in this State. The petitioner apprehends that he is planning mass scale transfers of the Engineers and other officers of the State with a view to a mass money for illegal use in the election and positing of officers and other employees of the State for rigging and booth-capturing in the coming Assembly Elections. A supplementary affidavit has been filed by the petitioner annexing certain Press reports with repect to the Election Commission's objection to the mass transfer of officers.

(3.) IT may be stated at the outset that the officers whose transfers have been challenged in this writ petition are not parties nor any of the officers has intervened in the instant writ petition. On behalf of the Election Commission, Mrs. Renkua Sharma submitted that in spite of service of copy of this writ petition, the Commission has not given any instruction either in support or against the contentions raised in this writ petition.