R. Sathis Kumari v. The Chief Electoral Officer

ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard on admission.

¶2This writ petition, styled as public interest litigation, has been filed by the petitioner for issuance of a writ of mandamus directing the respondents to consider his representation dated 4.3.2026.

3.1. The case of the petitioner is that, as per the Circular dated

9.2.2026 of the Election Commission of India, police personnel ranging from Constables to Sub-Special Inspectors must be transferred between Districts or City Sub-Divisions after three years of service. Further, the officers from Sub-Inspector of Police to Superintendent of Police must be transferred out of the District after a three year tenure. The Director General of Police had also issued a Circular dated

14.8.2025 emphasizing that the officials in Special Wings should serve only between 2 to 5 years and the said limit must be strictly followed.

3.2. Further case of the petitioner is that police personnel involved in the misconduct of the previous election are still serving in the same areas and, in order to ensure fair elections in the ensuing Assembly Elections, 2026 in the State of Tamil Nadu, it is necessary to transfer the police officers who are all serving in the same District for more than 3 years. In this regard, the petitioner has submitted a representation on 4.3.2026 to the Election Commission of India and the top official of the Police Department in the State, however, the said representation did not evoke any response till date. Hence, the petitioner has approached this Court by filing the present writ petition.

¶4It is well settled that no public interest litigation is maintainable in service matters. This issue is covered by the judgment of the Apex Court in Ayaaubkhan Noorkhan Pathan v. State of Maharashtra1, wherein the Apex Court has held that such a course of action is not permissible so far as service matters are concerned.

¶5The petitioner's attempt seeking transfer of police officers through a public interest litigation is nothing but perverse and misconceived. It is for the authorities concerned to take a decision as to whether an officer should be transferred or not. We find no reason to entertain this writ petition. The writ petition is, accordingly, dismissed. There shall be no order as to costs. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)

22.04.2026 Index : : bbr/sasi

(2013) 4 SCC 465 To:

1.The Chief Electoral Officer Public (Elections) Department, Secretariat, Fort St. George, Chennai.

2.The Director General of Police Head of the Police Force, Director General of Police Office, Dr. Radhakrishnan Salai, Mylapore, Chennai. THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (bbr/sasi) WP No.

15751

of 2026

22.04.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.04.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN R.Sathis Kumari D/o.Rama Moorthy, No.3/78, South Street, Ambalathadi Siruvalai Post, Madurai District. Petitioner(s) Vs 1.The Chief Electoral Officer Public (Elections) Department, Secretariat, Fort St. George, Chennai. 2.The Director General of Police Head of the Police Force, Director General of Police Office, Dr. Radhakrishnan Salai, Mylapore, Chennai. Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider petitioner's representation dated 04.03.2026 and take appropriate action in accordance with law within stipulated time. For Petitioner(s): Mr.M.Murugesan For Respondent(s):Mr.Niranjan Rajagopalan Standing Counsel for R1 Mr.E.Raj Thilak Addl. Public Prosecutor for R2