Kolkata, 18 February (H.S.): Bharatiya Janata Party (BJP) IT Cell Chief Amit Malviya on Wednesday strongly objected to a recent statement by West Bengal Chief Minister Mamata Banerjee in a post on the social media platform X. Malviya called the Chief Minister's claim that seven Assistant Electoral Registration Officers (AEROs) suspended by the Election Commission would be absorbed into other state government duties as misleading.
Amit Malviya stated that the suspension of these officers was within the Election Commission's constitutional powers. Citing a Supreme Court judgment of September 21, 2000, he stated that officers deployed on election duty are fully under the Election Commission's control, supervision, and disciplinary jurisdiction during that period.
He further stated that the legal position is completely clear. Under Section 13CC of the Representation of the People Act, 1950, and Section 28A of the Representation of the People Act, 1951, the Election Commission has full authority over officials engaged in election work, including the power to initiate disciplinary action.
Amit Malviya stressed that no state government can undermine or circumvent this constitutional and statutory provision. He stated that officials must act in accordance with the Constitution and the law, and that the fairness of the electoral process is above any political expediency.
In his post, he warned that attempts to interfere with or undermine the Election Commission's authority are a direct attack on the foundation of free and fair elections. He said, Institutions matter. The rule of law matters. And every public servant’s first allegiance must be to the Constitution of India, not to transient political pressures.
At the time of filing of , there had been no official response from the state government or the Election Commission on this issue.
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Hindusthan Samachar / Priyanka Pandey
