EC asks Jharkhand to remove Deoghar DC on BJP MP’s complaint

The Jharkhand government must remove Deoghar DC Manjunath Bhajantri from his current posting with immediate effect, the EC said on Tuesday.

The Jharkhand government must remove Deoghar deputy commissioner Manjunath Bhajantri from his current posting with immediate effect, and initiate disciplinary proceedings against him, the Election Commission of India (ECI) directed on Tuesday.

The federal poll body has directed the state government not to post the Indian Administrative Service officer as deputy commissioner or any other election duty without its permission.

The order came on a complaint filed by Bharatiya Janata Party (BJP) Lok Sabha MP Nishikant Dubey, who alleged that the Deoghar district administration registered five cases against him with “malafide intention” in connection with the Madhupur assembly by-election earlier this year. The deputy commissioner was the district election officer, as is the norm nationwide.

The federal poll body has directed the state government not to post the Indian Administrative Service officer as deputy commissioner or any other election duty without its permission.

“…to initiate disciplinary proceedings for major penalty against Manjunath Bhajantri, IAS, DC-cum-CEO, Deoghar by issuing charge memo to him within 15 days from receipt of this order, under intimation to the Commission, and further directs that Manjunath Bhajantri, IAS, be removed from the post of DC-cum-DEO, immediately, and should not be posted as DC/DEO or any other election duty without prior permission from the Commission,” reads the order issued by Rahul Sharma, principal secretary to the ECI, on Monday. HT has seen a copy of the order.

The complaint pertains to five first information reports registered by the Deoghar district administration at five different police stations on October 23 against Godda MP Dubey in connection with alleged violation of the model code of conduct during the Madhupur assembly bypoll in April. Dubey has challenged the FIRs and approached the ECI on October 26, complaining against the Deoghar administrator.

The ECI, through the Jharkhand chief election officer, had sought an explanation from the deputy commissioner, asking why the cases were registered more than five months after the bypoll, and without informing the commission.

On November 11, Bhajantri, a 2011-batch IAS officer, submitted his response to the ECI, citing norms under the model code of conduct and previous court judgments. The commission, however, rejected the submission and ordered the chief secretary of Jharkhand on Monday to act against him.

Chief minister Hemant Soren-led Jharkhand Mukti Morcha government, however, opposed the ECI’s decision, saying it undermines the role of an elected government.

“We are getting the order legally examined,” said Vinay Chowbey, principal secretary to the chief minister. “Any decision on it would be taken accordingly.”

Chief minister Soren oversees the department of personnel that deals with transfer and posting of bureaucrats.

JMM general secretary Supriyo Bhattacharya hit out at the ECI at a media briefing on Tuesday, calling it an “extended commission of interference” of the Union government.

“ECI has now also become an extended arm of the BJP after CBI, ED, and Income Tax department. The role of the ECI is very clear. It takes decisions related to even civil and police administration whenever model code is in place during an election or a by-election. Will the ECI now even decide who would be a DC or a secretary? Then what would be the role of an elected government in a democracy? Bhattacharya asked. “We oppose this order and request the ECI not to come up with such directions in the future.”

BJP legislature party leader Babulal Marandi welcomed the ECI decision. “The ECI has ordered action against Deoghar DC for acting with political prejudices. This is a lesson for officers involved in buttering of the government,” Marandi said in a tweet in Hindi.