In a significant order, the Chhattisgarh High Court has put a hold on the transfer of a Janpad Panchayat Chief Executive Officer, recognizing his critical involvement in election-related duties. The court noted that the officer is currently engaged in the Special Intensive Revision (SIR) of electoral rolls, a process protected under Election Commission of India (ECI) guidelines.
Court's Interim Order and Petitioner's Challenge
Justice Parth Prateem Sahu issued the interim stay order on Friday while hearing a writ petition filed by the CEO, Jagendra Kumar. The petitioner had challenged a state government order dated December 16, 2025, which directed his transfer from Durg to Rajnandgaon as an in-charge assistant project officer.
Appearing for the petitioner, counsel Mateen Siddiqui argued that the transfer was legally flawed. He submitted that Kumar is currently deputed as an Assistant Electoral Registration Officer (AERO) for the SIR work. Siddiqui emphasized that under clear Election Commission of India guidelines, government employees deployed for such election duties cannot be transferred without obtaining prior permission from the commission.
Legal Arguments and Election Commission's Stance
The petitioner's counsel further contended that the post of in-charge assistant project officer at the Zila Panchayat in Rajnandgaon is a position meant for officers on deputation. Since no formal deputation order was issued for Kumar, the transfer order was argued to be "bad in law."
During the proceedings, counsel for the Election Commission, Rakesh Kumar Jha, informed the court that the ECI had already sent a letter to the state government proposing the cancellation of the transfer order. This submission reinforced the petitioner's argument regarding the sanctity of election duty.
Court's Ruling and Next Steps
Taking note of these compelling submissions, Justice Sahu stayed the operation of the transfer order specifically concerning petitioner Jagendra Kumar. The court has granted the state government and other respondents a period of three weeks to file their replies to the petition.
The court also issued formal notices to the respondents, who include the secretary of the panchayat and rural development department and the CEO of Zila Panchayat Durg. The interim stay will remain in effect until further orders, safeguarding the officer's position while the legal process unfolds.
This ruling highlights the judiciary's role in upholding the Election Commission's authority and ensuring that administrative actions do not disrupt the critical democratic process of electoral roll revision.
