NEW DELHI: The Supreme Court on Saturday said no further orders were necessary on the Trinamool Congress' (TMC) plea against the Election Commission’s directive on vote-counting personnel in West Bengal.
A bench of Justices P S Narasimha and Joymalya Bagchi declined to interfere with the poll body’s decision and disposed of the petition.
Hearing the matter, the apex court noted that the returning officer, a state government employee, has overarching powers in the counting process, and observed that the TMC’s apprehensions over the role of central government staff were misplaced, as conveyed by the Election Commission of India (ECI).
The court recorded the ECI’s assurance that its April 13 circular would be implemented in "letter and spirit", including provisions for the presence of state government representatives during the counting process.
A bench of Justices P S Narasimha and Joymalya Bagchi observed that the ECI is empowered to choose counting personnel, even from a single pool such as central government staff, and that such a decision cannot be termed incorrect. The court added that the circular was not contrary to established rules.
The judges also pointed out that political party representatives, including those of the TMC, would be present during counting, providing an additional layer of oversight. The bench questioned the basis of the party’s concerns, noting that all counting personnel are ultimately government employees.
Senior advocate Kapil Sibal, appearing for the TMC, questioned the timing of the circular’s communication, arguing that it was not conveyed to stakeholders until April 29, just days before counting.
Appearing for the ECI, senior advocate Dama Seshadri Naidu defended the decision, saying the process follows strict randomisation and involves both central and state personnel in practice. He also noted that the returning officer, a state government official, exercises overarching control over the counting process.
The plea before the Supreme Court arose after the Calcutta High Court dismissed the TMC’s challenge to the ECI’s communication mandating the deployment of central government and PSU employees in counting roles. The high court had held that the poll body has the prerogative to appoint personnel from either state or central government services.
(With additional inputs from PTI)