WP(C) 1693/2011 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA. Heard Mr. B.C. Das, learned senior counsel assisted by Mr. B. Chakrabort y, learned counsel for the petitioner as well as Mr. U.K. Nair, learned counsel representing the Respondent No.4. I have also heard Mr. M.R. Pathak, learned St anding Counsel, Education Department. The order impugned in this writ petition is the one dated 16.3.2011 (Ann exure-5 to the writ petition), which is reproduced below :- NOTIFICATION Dated Dispur the 16th March,2011. No. ASE 370/2010/Pt-I/7 : In view of Election Commission directi on communicated by Personnel (A) Department vide No.AAP.123/2010/11 dated 07.07. 2010 and in the interest of public service Dr. Asomi Gogoi, Inspector of Schools , Kamrup is hereby transferred in the same capacity and posted as Deputy Directo r of Elementary Education with immediate effect vice Sri Nupur Sarma transferred . No. ASE 370/2010/Pt-I/7-A : In the interest of public service Sri Nupur Sarma, Deputy Director of Secondary Education, Assam is hereby transferred in th e same capacity and posted as Inspector of Schools, Kamrup with immediate effect vice Dr. A. Gogoi transferred. This is issued with the approval of Election Department vide their endor sement dtd. 06.03.2011 at page 3N in file No.ASE 370/2010/Pt-I. Sd/- Sohrab Ali, IAS, Secretary to the Government of Assam, Education (Secondary) Department. On a bare perusal of the said notification, it appears that the transfer of the petitioner has been taken recourse to in view of the Election Commission directi on dated 7.7.2010, in terms of which an officer connected with elections, direct ly or indirectly should not be allowed to continue in the present district of po sting - (a) if she/he is posted in her/his home district or (b) if she/he has co mpleted three years in that district during last four years or would be competin g 3 years on or before 31st March,2011. By the impugned order, the petitioner has been transferred from the post of Inspector of Schools, Kamrup and posted as Deputy Director of Elementary Edu cation at Guwahati. On the other hand, the Respondent No.4 has been transferred and posted in her place. He was holding the post of Deputy Director of Secondary Education at Guwahati. According to Mr. Das, learned counsel for the petitioner, the petitioner could not have been transferred from the present post inasmuch as her posting a s Deputy Director at Guwahati will allow her to stay in her district as she will remain posted in the district of Kamrup. According to him, the same being the case in respect of the Respondent No.4, the impugned notification in the name of Election Commission guidelines could not have been issued. On the other hand, both Mr. M. R. Pathak, leaned Standing Counsel, Education De partment and Mr. U.K. Nair, learned counsel representing the State respondents a nd the Respondent No.4 submit that the post of Deputy Director does not involve any election duties. On the other hand, the post of Inspector of Schools involve s election duties and accordingly, the petitioner being likely to be connected w ith election duties, she has been transferred as Deputy Director, which will not involve any election duties. If this argument is to be accepted, then, in that case, the Respondent No.4, who is stated to be in Guwahati in Kamrup district si nce 2006, upon his posting as Inspector of Schools, Kamrup is likely to be conne cted with election duties, whereas as per the Election Commission guidelines, an officer, who has completed 3 years in the district during the last 4 years or w ould be completing 3 years on or before 31st March, 2011 and is likely to be con nected with election duties directly or indirectly should not be allowed to be stay in the said district. Mr. U.K. Nair, learned counsel for the Respondent No.4, upon a reference to clau se 3 of the Election Guidelines dated 14.10.2010 submits that the election guide lines will not be applicable to an officer posted in the State Headquarters with the department(s) concerned. According to him, the Respondent No.4 being poste d in the State HQrs of the Education Department, his posting as Inspector of Sch ools, Kamrup District Circle will not attract the election guidelines. If this a rgument is to be accepted, then in that case, the Respondent No.4 has been poste d in place of the petitioner in a routine manner to fill up the post and that th e petitioner has been transferred from her present post so that she is not invol ved in any manner in election related matters. Mr. M.R. Pathak, leaned Standing Counsel, Education Department has produced the file bearing No. ASE 370/2010/Pt-I, on perusal of which nothing is discernible a s to how the matter has been dealt with, so far as the above aspect of the matte r is concerned. The file reflects that there was some controversy as to the hom e district of the petitioner and thereafter, it was opined that her home distric t is Kamrup. A suggestion was made in presence of the Chief Secretary naming fou r officers to replace her, which included the Respondent No.4. The file was proc essed and necessary approval was obtained at the Minister’s level. However, not hing is discernible as to the applicability of the election guidelines or otherw ise, although the transfer order has been issued naming the election guidelines. In view of the above, the matter shall now go back to the authority, which has p assed the impugned order dated 16.3.2011 (Annexure-5 to the writ petition) to pa ss a speaking order. If need be, he will consult with the Chief Electoral Offic er of Kamrup district. Let the entire exercise be carried out as expeditiously as possible, but at any rate, not later than 25th March,2011. Let a copy of this order be furnished to Mr. M.R. Pathak, learned Standi ng Counsel, Education Department during the course of the day.