The Calcutta High Court dismissed a plea against the Election Commission’s directive deploying Central Government and PSU staff for counting in the West Bengal Assembly polls. It stated, “This Court does not find any illegality for appointing counting supervisor and counting assistant…”
The Calcutta High Court dismissed a plea challenging a directive from the Election Commission of India (EC) that requires central government and PSU staff to be deployed for vote counting in the West Bengal Assembly elections.
Polling for all 294 seats was conducted on April 23 and 29, and counting is scheduled for May 4.
Justice Krishna Rao held that the EC is empowered to appoint counting supervisors and assistants from either state or central government personnel, concluding that there was no legal flaw in the EC’s decision.
The Court said,
“Only the counting supervisor and the counting assistants will not be in the counting room. Micro observers, counting agents of the candidates who are contesting the election and counting personnel will also be in the counting room. Thus, it is impossible to believe the allegation made by the petitioner,”
The Court added,
“This Court does not find any illegality for appointing counting supervisor and counting assistant from the Central Government/Central PSU employee instead of State Government employee,”
The petition moved by the All India Trinamool Congress (TMC) challenged an EC communication dated April 30, which asked that at least one official at each counting table be drawn from central government or PSU services.
TMC’s counsel argued that the directive was beyond the EC’s jurisdiction and was premised on unsubstantiated apprehensions.
The EC, however, maintained that the order was lawful under the Representation of the People Act, 1951. It also pointed out that the petition was filed only days before counting, indicating an attempt to stall the process.
The court further rejected the contention that central personnel could be influenced by the Union government or the BJP. It noted that several other participants such as micro observers and counting agents of candidates would be present in the counting hall, making the allegations unlikely.
Finding the claims unpersuasive, the High Court upheld the EC’s directive.
Senior Advocate Kalyan Bandhopadhyay, along with Advocates Dhruv Chadha and Shivam Pathak, appeared for the TMC.
Senior Advocate Dama Seshadri Naidu, with Advocates Abhinav Thakur, Pradeep Kumar, Kumar Utsov, and Ghanshyam Pandey, represented the Election Commission of India.
Senior Advocate Jishnu Chowdhury, supported by Advocates Anamika Pandey, Sanskriti Agarwal, and Rishika Pandey, appeared for the CEO.