Nagpur: Adv Satish M Uke, who has been in the headlines for one ‘dubious’ reason or another, has now demanded immediate transfer of Nagpur Divisional Commissioner Anoop Kumar as per Model Code of Conduct in view of Lok Sabha bypoll being held for Bhandara-Gondia seat on May 28, biennial MLC poll for Chandrapur-Wardha-Gadchiroli local body constituency on May 21 and also Gram Panchayat elections in Nagpur Division on May 27.
“The Divisional Commissioner Anoop Kumar has been holding the post for more than three years. In fact he has completed about 4 years and three months as the Divisional Commissioner and liable to be transferred for free and fair elections and other reasons,” Adv Uke said in letters sent to Maharashtra Governor, Chief Minister, Chief Secretary, Chief Election Commissioner, New Delhi, State Election Commissioner and Chief Electoral Officer, Maharashtra.
Stressing the transfer of Divisional Commissioner Anoop Kumar, Adv Uke said that his transfer is overdue. “As Divisional Commissioner, all the District Collectors/Magistrates, Sub-Divisional Magistrates, Tehsildars, officials of police and other departments come directly under his jurisdiction and thus he can directly influence the elections and officials sub-ordinate to him. As per Model Code of Conduct provision, the Election Commission has to follow consistent policy to ensure free and fair elections. For free and fair polls, the Election Commission must ensure that officers, who are connected with conduct of elections, do not serve in their home districts or places where they have served for long and have completed more than three years of posting,” Adv Uke said.
“It is also to be seen that by virtue of this official position as a Divisional Commissioner, Anoop Kumar is having powers and authority who deals with disqualification of Corporators of Municipal Corporations, Councillors, members of Zilla Parishads and members of Panchayat Samitis under Maharashtra Local Authorities Disqualification Act, 1986. Thus, by virtue of these powers, Anoop Kumar is holding a position and power to influence the councillors and the members of the local bodies. And since the councillors and members are voters of biennial elections, Anoop Kumar needs to be transferred immediately from the post of Divisional Commissioner since he is holding the post for over four years,” the lawyer pointed out.
“However, by not transferring Anoop Kumar even now, the government is giving him protection. He is not being transferred in spite of transfer of several senior IAS officers of the Principal Secretary level.In the past also, the government shown disrespect to the law and Model Code of Conduct. It means the government is not interested in fair and free elections. Earlier also, the government had not transferred the then District Collector Sachin Kurve in spite of the fact that Nagpur was his home district,” he claimed.
Adv Uke further claimed that Anoop Kumar has no respect for the rule of law. More particularly in not having respect for High Court even when he is facing charge of contempt of court. Thus he deserves to be transferred immediately. There is every possibility that he will misuse his official position and powers during the above stated elections. “In this background, it is requested to immediately transfer the Divisional Commissioner Anoop Kumar for free and fair elections and other reasons. If he is not transferred, I will be constrained to approach High Court by way of Public Interest Litigation (PIL),” Adv Uke said in his letters sent to Maharashtra Governor, Chief Minister, Chief Secretary, Chief Election Commissioner, New Delhi, State Election Commissioner and Chief Electoral Officer, Maharashtra.
