The Election Commission (EC) on Saturday clarified its stance on officers on extension of service at a news conference in Mumbai after holding review meetings with officials ahead of the upcoming Maharashtra Assembly elections.

Chief election commissioner Rajiv Kumar, while replying to a question on whether "an officer who is on extension can lead the state during the polls", said: “Therefore, the rule position is that all are on deemed deputation and we can deal with them….”

He added: “Those who are on extension or contract, it depends on where they are; whether they are on election-related duties or not; whether they are performing regular jobs of the government or they are in advisory capacity. Based on that a decision is taken on a case-to-case basis. But if they are doing election-related work or they can influence the elections, they will definitely be dealt with and not allowed to interfere in the election process.”

Kumar said he would not comment on individual complaints against officers.

The queries on this came in the light of the Congress asking the EC to remove Maharashtra DGP Rashmi Shukla who was accused of tapping the phones of the Opposition leaders while heading the state intelligence department in 2019. The CBI closed the probe in 2021 and Bombay High Court quashed both the FIRs against her in this regard in 2023.

The DGP is currently serving an extended term.

On Friday, the EC had pulled up the state’s chief secretary and the DGP for not submitting a compliance report on the transfers and postings of officers who have been serving for more than the stipulated three years on positions where they can influence polls.

The EC’s power to transfer officers begins after it declares polls. During the Lok Sabha polls, it transferred six home secretaries and two DGPs. While extensions of service are permitted under specific laws that apply to the respective posts, the EC — under Article 324 of the Constitution — can transfer officers who are perceived to be upsetting the level playing field.

Maharashtra has 9.59 crore voters, so far, in 288 Assembly seats. It is due for polls along with Jharkhand before November 26, the declaration of which is likely after the Assembly elections in Haryana, and Jammu and Kashmir are completed on October 8.