The West Bengal government has started consulting legal analysts to check whether the Election Commission of India (ECI)’s direction to the state government to ensure the immediate functional independence and administrative strengthening of the office of the State Chief Electoral Officer (CEO), Manoj Kumar Agarwal, could be challenged in a court of law or not, government officials said on Wednesday.
A senior bureaucrat posted with the state government, who requested anonymity, said on Wednesday night that since the state government as well as the ruling Trinamool Congress views the communication from the ECI in the matter as a sheer “political” move rather than a “administrative” one, they are in favour of challenging it in an appropriate court.
However, he added, the final decision in the matter will be taken only after the consultant legal analysts advises in favour of challenging it at an appropriate court.
On Monday, the ECI had sent a communique to the state government flagging concern over the lack of autonomy currently available to the CEO’s office.
The communique noted that while Agarwal has been appointed as CEO, he has also been made ex-officio Additional Chief Secretary to the state’s Home and Hill Affairs (Election) Department — a dual role the Commission sees as problematic.
“The Commission has noted the lack of financial and administrative autonomy available to the West Bengal CEO in the current arrangement,” the communique from ECI to the state Chief Secretary said.
In the communique, the ECI suggested the establishment of an independent election department, completely delinked from any other state government department.
This department should have a dedicated budget head to ensure full financial and administrative autonomy for the CEO, which the Commission deems essential for the impartial and effective conduct of elections, the ECI suggested to the state government.
