CHENNAI: Officials cannot be transferred without substantiated allegations, the Election Commission of India told the Madras High Court after a public interest litigation was filed seeking action against Chief Minister’s Secretary P Umanath over alleged Model Code of Conduct violations.
In the PIL, A Mohandoss of the BJP alleged that Chief Minister's Secretary Umanath has been acting in contravention of the Model Code of Conduct that is in force in Tamil Nadu ahead of the April 23 Assembly election.
The petitioner alleged that Umanath has been maintaining communication with the District Collectors, government officials, and police authorities through official telephone as well as unofficial communication devices, and issued instructions during the election period. Citing this, the petitioner sought a direction to the Election Commission of India to initiate appropriate action against Umanath.
Based on the bench’s direction during the last hearing, Umanath was impleaded as a respondent.
When the case came up for hearing before the division bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan, the Election Commission informed that it cannot transfer officials without specific charges and materials to substantiate the allegations.
The commission also noted that the court has taken a stand that transfer of officials cannot be sought on PILs. Following this, the court told the poll panel to file a reply to the petition on April 20.