The Election Commission on Wednesday told the Calcutta High Court that it is within its powers to transfer and post officers for the conduct of free and fair elections.

Making submissions before a division bench presided by Chief Justice Sujoy Paul in a PIL challenging the transfer of several IAS and IPS officers in West Bengal by the Election Commission soon after the announcement of assembly polls, its counsel stated that the petition is a camouflaged service matter and cannot be treated as a public interest litigation.

Senior lawyer D S Naidu, appearing for the EC, submitted before the court that the commission has been vested with residuary powers to deal with any unforeseen circumstances or exigencies impeding the conduct of free and fair elections.

Senior counsel Kalyan Banerjee, representing the petitioner, argued that the EC's plenary powers are not in question but are subject to any law or bylaw enacted under Article 327 of the Constitution.

Article 327 of the Constitution empowers Parliament to enact laws regarding elections to both Houses of Parliament (Lok Sabha and Rajya Sabha) and state legislatures (Assembly and Council).

Banerjee, who is also a Trinamool Congress Lok Sabha MP, claimed before the division bench, also comprising Justice Partha Sarathi Sen, that it is the duty of the Election Commission to conduct free and fair elections, but the constitutional body is acting in an "arbitrary" and "non-transparent manner".

He further stated that petitioner Arka Kumar Nag, a practising lawyer, is not an employee of the West Bengal government, but is a retainer lawyer for the state.

Questioning the maintainability of the petition as a PIL, Naidu had on Monday submitted that the petitioner is a full-time state lawyer and thus cannot claim to be a public-spirited person in filing the PIL.

The court adjourned the hearing until Friday, when it will be taken up again.

The petitioner claimed in the PIL that 79 officers -- 63 police personnel and 16 civil servants -- have been shifted by the EC since the announcement of the assembly polls on March 15.

Banerjee on Wednesday stated before the court that 70 returning officers have been transferred by the EC since the matter was first heard on Monday.

Assembly elections in West Bengal will be held in two phases on April 23 and 29, and the counting is scheduled on May 4.