West Bengal may seek legal route against ECI directive on CEO office autonomy
A senior bureaucrat confirmed on Wednesday that the Trinamool Congress-led government views the ECI's directive as politically motivated and is evaluating its constitutional validity.
'Though the ECI is an independent constitutional authority, it cannot override the established administrative structure of the state. Such unilateral directions amount to interference in state administration,' the official said.
Legal counsel is being sought to decide the next steps.
The directive, issued by the ECI in a letter dated July 17 to West Bengal Chief Secretary Manoj Pant, calls for the creation of a fully autonomous Election Department, delinked from the Home & Hill Affairs Department under which the CEO's office currently functions.
The Commission noted that the CEO's office suffers from limited financial powers, relying only on a minor permanent advance from the finance department, and lacks meaningful operational autonomy despite CEO Manoj Kumar Agarwal holding the rank of Additional Chief Secretary.
'This arrangement, wherein the CEO is designated ex-officio Additional Chief Secretary, Home and Hill Affairs (Election), has not translated into real independence,' the ECI observed. The Commission stressed that such structural dependency compromises the neutrality of the electoral process.
To rectify the issue, the ECI has recommended the establishment of a separate Election Department with a dedicated budget head, as well as the delegation of financial powers equivalent to those of senior state officials.
The ECI has also asked the state government to fill four key vacancies — Additional, Joint, and Deputy Chief Electoral Officers — in the CEO's office, in consultation with the Commission, ahead of the upcoming state assembly elections.
While the ECI insists the move is essential for administrative efficiency and impartial elections, state officials argue there is no precedent for such separation in other Indian states.
'Even if a separate department is created, it would still fall within the state's administrative framework,' the official added.
With West Bengal gearing up for its legislative assembly elections next year, the tussle over administrative control of the electoral machinery could escalate, setting the stage for a constitutional and political showdown.
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