SAMTA PARTY Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONERS by way of Public Interest Litigation have sought for appropriate writ, rule, order or direction quashing orders of transfer of Chief Secretary, Director -General of Police and Home Commissioner, Government of Bihar besides several other officials like District Magistrate, Superintendents of Police and officers of All India Service and Provincial Services.

(2.) CASE of the petitioners is that after presentation of the Finance Bill, the Parliament was adjourned for about a month. During this period of adjournment, one of the constituents of the ruling coalition withdrew its support to the Government and, therefore, the President of India directed the Prime Minister to seek vote of confidence in the Lok Sabha. In deference to the direction of the President, the Prime Minister moved a motion of confidence in the Lok Sabha which was put to vote on 17. -4 -1999 after two days debate. The motion of confidence was rejected by the House and as such, the Prime Minister submitted his resignation along with those of his Council of Ministers to the President. The President accepted the resignation and asked the Prime Minister to continue in office till alternative arrangement could be made. For next one week, various political parties tried to form a front which would enjoy majority support in the House and could provide an alternative Government at the Centre. But, all efforts in this direction failed and finally when on 25 -4 -1999, Congress President, Ms. Sonia Gandhi, conveyed to the President that she would not be able to form a Government, it became certainty that no alternative Government could be formed. Thereafter, the Prime Minister was summoned by the President and it seems that he was directed to recommend dissolution of the Lok Sabha. In other words, by 24. -4 -1999 or latest by 25 -4 -1999 mid -term polls for Lok Sabha became a certainty.

(3.) FURTHER , case of the petitioner is that the Government of Bihar on the evening of 25 -4 -1999 transferred the Chief Secretary, who had been appointed only one and half month ago. and as soon as his successor assumed, the office of Chief Secretary, the Director -General of Police, Home Commissioner and a large number of District Magistrates, Superintendents of Police were also transferred and replaced by hand -picked officers. Curiously enough, all the substitute officers took over charge of their respective offices in the night of 25 -4 -1999 itself. It is thus clear that this exercise has been carried out with a view to pre -empt the Election Commission from interfering in the matter as formal announcement of election had not been made by then. Though the dates of poll had not been announced by 25 -4 -1999, it had become certain that the country is heading for a mid -term poll. Sensing this, the Government of Bihar hurriedly transferred all such officers who were known for their fairness and impartiality. Such officers who are not expected to buckle under the pressure of the power that he have been shown the exit door. These transfers were followed by transfer of various other field officers such as Deputy Development Commissioners, Sub -Divisional Officers, Deputy Superintendents of Police and other lower rank officials. The only reasonable conclusion that can be, reached is that the exercise is total misuse of authority and done with the solitary object of manipulating the entire poll exercise in the ensuing election.