The Supreme Court on Saturday said no further orders were necessary on the Trinamool Congress’s plea against the Election Commission’s directive on vote counting personnel in West Bengal.
The court recorded the poll body’s statement that its April 13 circular would be implemented in "letter and spirit".
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 poll panel told the court that it would implement its April 13 circular on deploying central government and Public Sector Undertaking (PSU) employees for counting duties strictly, maintaining that the system ensures balance and transparency. It also clarified that the process allows for a mix of personnel, ensuring representation within the framework of rules.
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, argued that the issue stemmed from the non-inclusion of state government nominees despite provisions in the circular. He also flagged concerns over the timing of the implementation, saying the party became aware of the deployment details only on April 29.
Representing the ECI, senior advocate D S Naidu said the commission has consistently followed a system that ensures procedural fairness, reiterating that the circular’s provisions would be adhered to fully.
The court declined to issue any additional directions, effectively upholding the Election Commission’s framework for appointing counting staff for the May 4 vote count.
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 the Supreme Court refusing to intervene further, the Election Commission’s guidelines on counting personnel will remain in force for the ongoing West Bengal Assembly election process.
(With inputs from PTI)
