Few categories exempted from directive
CS, DGP to furnish report by Aug 20
Sanjeev Pargal
JAMMU, July 31: In an indication that Assembly elections could be held in Jammu and Kashmir as per the Supreme Court direction, the Election Commission of India today directed the Chief Secretary and the Chief Electoral Officer of the UT to ensure that the officers posted in home districts and those who have completed three years in a district are shifted out.
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The Election Commission has issued similar order for three States—Haryana, Jharkhand and Maharashtra and the Union Territory of Jammu and Kashmir.
Terms of Legislative Assemblies of Haryana, Jharkhand and Maharashtra are ending on November 3, 2024, January 5, 2025 and November 26, 2024 respectively and elections are due to be held in the three States this year.
As far as Jammu and Kashmir is concerned, the Election Commission order said: “The election to Legislative Assembly of the UT of J&K is also due in near future”.
However, the Election Commission has set September 30, 2024 as the deadline for the officers of Jammu and Kashmir for completion of three years of service for their transfer from that particular district.
The Supreme Court while upholding abrogation of Article 370 of the Constitution of India by the Central Government on December 11, 2023, directed the Election Commission to hold Assembly elections in Jammu and Kashmir before September 30, 2024.
As per the Election Commission order, no officer connected directly with elections shall be allowed to continue in the present district (revenue district) of posting if he/she posted in his/her home district and if they have completed three years in that district during last four years or would be completing three years on or before 30th September 2024 for the UT of Jammu and Kashmir.
The Commission has directed that transfer/posting of all officers covered under the instructions shall be done and compliance reports by the Chief Secretary and the DGP with details of action obtained from the concerned departments/offices of the Government shall be furnished to the Commission by August 20.
“The Commission has been following a consistent policy that officers directly connected with conduct of elections in an election going State/UT are not posted in their home districts or places where they have served for considerably long period,” the order read.
It said the instructions shall cover not only the officers appointed for specific election duties like DEOs, Deputy DEOs, RO/AROs, EROs/AEROs, officers appointed as Nodal Officers of any specific election works, but also district officers like ADMs, SDMs, Deputy Collector/Joint Collector, Tehsildar, Block Development Officers or any other officer of equal rank directly deployed for election works.
“These instructions shall also cover the Divisional Commissioners, Municipal Commissioners, and the other officers deputed in Municipal Corporations and Development Authorities etc,” the order read.
However, as far as police officers are concerned, the Election Commission order shall be applicable to the Range ADGs/IGs, DIGs, Commandants of State Armed Police, SSPs, SPs, Additional SPs, Sub Divisional Head of Police, SHOs, Inspectors, Sub Inspectors, RIs, Sergeant Majors or equivalent ranks, who are responsible for security arrangement or deployment of police forces in the district at election time.
“The Police Sub Inspectors and above shouldn’t be posted in their home district. If a Sub Inspector has completed or would be completing tenure of three years out of four years on or before the cut-off date in a police sub division, then he should be transferred out to a police sub division which does not fall in the same Assembly constituency. If that is not possible due to small size of the district, then they should be transferred out of the district,” said the order.
The EC instructions shall also be applicable to the officers of the Prohibition and Excise Department of the rank of Sub Inspector and above.
The officers not covered under the Election Commission instructions include those posted at headquarters of the department, those not directly connected with elections like doctors, engineers, teachers/Principals etc and Sector Officer/Zonal Magistrate.
However, if there are specific complaints of political bias or prejudice against any such Government officer, which on enquiry are found to be substantiated, then CEO/ECI can order not only the transfer but also appropriate departmental action against such officers.
“The officers/officials against whom the Commission had recommended disciplinary action in past and which is pending or which has resulted in a penalty or the officers who have been charged for any lapse in any election or election related work in the past, shall not be assigned any election related duty,” the order said.
The Commission has also directed that no officer/official against whom a criminal case related to official functioning is pending in any court of law, be associated or deployed on election related duty.
Any officer who is due to retire within the next six months will also be exempted from the purview of the Commission’s directions. The six months period for the UT was Jammu and Kashmir shall be reckoned backwards from 30th September, 2024.
The Chief Electoral official shall invariably be consulted while posting the persons in place of present incumbents who stand transferred as per the Commission’s policy.
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