The Election Commission has asked the Bengal chief secretary to seek an explanation from the authority that cleared charges against two EROs and two AEROs and send complete disciplinary case records of the proceedings initiated against the four, citing that the proceedings were closed without consulting the EC in violation of norms.

The directive came within a week of the state government writing to Bengal chief electoral officer (CEO) Manoj Agarwal, requesting him to revoke the poll panel’s instruction on January 2 to lodge FIRs against the former EROs and AEROs of the Baruipur East and Moyna Assembly constituencies.

The government's plea was premised on the departmental proceedings, which exonerated three of them and imposed a minor penalty on one officer after a minor lapse was established against him.

The EC's latest directive, senior government officials said, assumed significance for two reasons. First, the EC’s directive to lodge FIRs against the officers still stands. Second, another section of officials, who conducted the departmental proceedings, came under the scanner of the poll panel.

“In this regard, your kind attention is invited to para 4.5 of the Commission's instructions No. 4/2023/SDR/Vol. I dated 31.05.2023 (copy enclosed), which mandates that disciplinary authorities shall mandatorily consult the Election Commission before closing or finalizing any matter arising out of disciplinary proceedings initiated on the recommendation of the Commission,” reads the letter of the EC.

The poll panel had sought action against four officers after it was found that fictitious names had been included in the electoral rolls on August 5 last year. Nabanna had initially refused to take any action against them, but the poll panel summoned the then chief secretary, Manoj Pant, to Delhi and gave a seven-day window to implement the order.

The state finally suspended the officials and initiated departmental proceedings against them, but did not lodge the FIRs.

The EC again ordered FIRs against the officers on January 2. The EC asked the state to reconsider its position and act on the earlier instructions.

“Since the disciplinary proceedings have been finalised without adherence to the prescribed procedure and without mandatory consultation with the Commission, the Commission does not accept such finalisation of disciplinary action. Accordingly, the same shall be treated as procedurally irregular and non est in the eyes of the commission, warranting reconsideration strictly in accordance with the Commission’s instructions,” reads the letter.

The commission also asked the chief secretary to seek a written explanation from the “competent authority/officer” responsible for the procedural lapses, clearly explaining the “circumstances that led to non-compliance with the Commission’s instructions”.

This, sources said, could take the conflict between Nabanna and Nirvachan Sadan to a new height as more officers were set to come under the scanner of the poll panel.

“The ruling dispensation is already up in arms against the poll panel. If more officers come under the scanner of the EC, the battle would definitely intensify in the near future, which would not be good in poll-bound Bengal,” said a bureaucrat.

The poll panel also wrote to the chief secretary to furnish the complete disciplinary case records, including the articles of charge, written statements of defence, inquiry reports, findings of the inquiry authority, orders of the disciplinary authority and file notings to Nirvachan Sadan by January 24.

“This could also make the things critical as I am not sure whether Nabanna would agree to send internal papers to the EC, against which the ruling dispensation of the state has been up in arms since the SIR was being carried out,” said an official.