Today, On 2nd May, The Supreme Court dismissed a plea by the Trinamool Congress challenging the use of central and PSU employees as counting supervisors for the West Bengal Assembly elections. The Court said ECI circular be followed “in letter and spirit.”
The Supreme Court, Today, dismissed a plea by the Trinamool Congress (TMC) challenging the deployment of Central government and public sector unit (PSU) employees as counting supervisors for the West Bengal Assembly elections.
The Court also recorded the Election Commission of India’s (EC) submission that its April 13 circular will be implemented in letter and spirit.
A special bench comprising Justices P.S. Narasimha and Joymalya Bagchi heard the matter, with the counting of votes scheduled for May 4.
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During the hearing, the bench noted that TMC representatives would be present during the counting process and held that the EC’s circular does not run counter to the applicable rules.
Senior Advocate Kapil Sibal, appearing with Senior Advocate Meenakshi Arora for TMC, questioned the directive, arguing that the April 13 circular was communicated to the petitioner only on April 29, despite claims that it had been provided earlier.
He also challenged the basis of the EC’s apprehension of wrongdoing.
Senior Advocate D.S. Naidu, appearing for the Election Commission, submitted that the Returning Officer who is a State government employee retains overall control of the counting process and chooses the personnel.
He further stated that the April 13 circular regarding the deployment of Central government staff would be followed in letter and spirit and argued that the concerns raised were based on misplaced apprehensions.
He added that the process would include the appointment of one State government employee and one Central government employee as counting supervisor and counting assistant, respectively.
Justice Bagchi observed that referring to a counting official as a Central Government nominee hardly matters, and noted that such decisions fall within the subjective satisfaction of the Election Commission of India.
He also pointed out that party-appointed counting agents would be present and that the counting framework already includes a micro-observer who is a Central government officer along with counting supervisors and assistants.
The Court remarked,
“No further orders are needed in the SLP. We record the submission of Mr Naidu that the circular of ECI be followed in letter and spirit,”
Earlier, TMC, led by Mamata Banerjee, had approached the Supreme Court on Friday after the Calcutta High Court dismissed its challenge to the counting arrangement.
The petition was filed against a Calcutta High Court order that had earlier rejected TMC’s challenge to the counting arrangements.
The party argues that this decision may affect the efficiency and fairness of the electoral process.
In its petition, TMC contests the Election Commission’s directive requiring the deployment of central government officials or Central PSU employees as counting supervisors or assistants at counting tables.
The party maintains that state government officials have historically been involved in election management and have the administrative expertise required to perform counting-related duties effectively.
It further argues that sidelining them without sufficient justification could lead to operational challenges during the counting process.
The petition comes after the Calcutta High Court upheld the Election Commission’s decision, noting that the poll body has the authority to determine the appointment of personnel for election duties.
Ahead of the counting process, TMC has urged the apex court to grant urgent relief by allowing eligible state government employees to be assigned supervisory roles to support smooth and transparent vote counting.
The High Court informed TMC that choosing central or state officials as counting supervisors is within the Election Commission’s discretion. It also noted that if central officers are later found to have manipulated the counting process or favored the BJP, TMC can seek remedy by filing an election petition.
Earlier, the court had asked the Election Commission to explain why appointments were being limited to central officers alone. In response, the EC said that the same approach has been followed in Kerala.