Allahabad HC sets aside UP govt transfer order issued on day poll code enforced

Lucknow: The Allahabad High Court has said neither any transfer nor relieving order can be passed without the Election Commission's permission after the enforcement of the Model Code of Conduct (MCC).

With this, the Lucknow bench set aside a state government order transferring the general manager (water works) on March 16, the day the MCC came into force after the announcement of the polls.

The bench, however, granted liberty to the state to pass fresh transfer order, if it wants to do so, after complying the provisions of MCC.

The Model Code of Conduct (MCC) for the Lok Sabha polls kicked in on March 16 as soon as the Election Commission announced the schedule for the polls.

A bench of Justice Shree Prakash Singh passed the order on Monday on a writ petition filed by Manoj Kumar Arya, the General Manager (Water Works), Lucknow. He was transferred on March 16 and his relieving order was served to him on the same day at 8.30 pm.

It was argued on behalf of the petitioner that the MCC was implemented on March 16 at 3 pm, hence, the transfer order issued after this without the prior approval of the Election Commission was illegal.

Considering the provisions of para 19.4 of the Model Code of Conduct, the bench said that after 3 pm, no transfer order could have been passed without prior approval of the EC.

"Liberty is given to the State to take a fresh decision on its own wisdom, if it requires, while adhering to the provisions of Model Code of Conduct and the prevailing laws," he bench said in its order.