The Supreme Court has refused to interfere with the Election Commission’s directive keeping central government employees as counting supervisors in the West Bengal assembly elections, handing the Trinamool Congress a significant legal defeat, even as repolling began at 15 booths in South 24 Parganas over alleged EVM tampering.
Supreme Court Upholds Election Commission’s Decision on Counting Staff in West Bengal
The Supreme Court on Saturday declined to strike down the Election Commission of India’s circular deploying central government and public sector employees as counting supervisors in the West Bengal assembly elections, ruling that the arrangement cannot be said to be incorrect.
A special bench of Justices PS Narasimha and Joymalya Bagchi heard the matter on a petition filed by the All India Trinamool Congress, which had challenged a Calcutta High Court order rejecting its earlier plea against the deployment.
The court confined its final order to reiterating the Election Commission’s assurance that its April 13 circular would be implemented fully, and went no further.
TMC Goes to Supreme Court Over Central Government Counting Staff
The Trinamool Congress approached the Supreme Court after the Calcutta High Court rejected its challenge to the Election Commission’s directive restricting counting supervisors to central government and public sector undertaking employees. The party argued the arrangement compromised the neutrality of the vote count and excluded state government nominees who were entitled to be part of the process.
Senior Advocate Kapil Sibal, appearing alongside Senior Advocate Meenakshi Arora on behalf of the Trinamool Congress, questioned the directive before the bench. Sibal submitted that the circular, issued to District Electoral Officers, came to the petitioner’s knowledge only on 29 April, despite claims that prior notice had been given.
Supreme Court Tells TMC: Election Commission Can Draw Staff from One Pool
The bench was unreceptive to the Trinamool Congress’s core arguments. Justice Joymalya Bagchi observed that the designation of a counting official as a central government nominee “hardly matters,” noting that such decisions fall within the subjective satisfaction of the Election Commission of India. He added that party-appointed counting agents would be present throughout the process in any case.
Bagchi further noted that the existing counting framework already includes a micro-observer who is a central government officer, alongside counting supervisors and assistants, making the arrangement consistent with established practice.
The court orally observed that it would be difficult to hold the notification contrary to existing regulations merely because one category of personnel is a central government officer.
Justice PS Narasimha questioned the petitioner’s argument on “proportionate representation,” observing that all counting personnel are ultimately government employees regardless of which level of government they serve.
SC Calls Out TMC for Contradicting Its Own Position
The bench reserved some of its sharpest observations for what it perceived as contradictions in the Trinamool Congress’s legal strategy. When Sibal submitted that the real issue was the non-appointment of state government nominees despite the circular providing for them, Justice Bagchi remarked that the petitioner appeared to be taking inconsistent positions, challenging the circular on one hand while simultaneously seeking its implementation on the other.
Election Commission Tells Supreme Court TMC’s Concerns Are Misplaced
Senior Advocate DS Naidu, appearing for the Election Commission, mounted a robust defence of the directive. He submitted that the Returning Officer, who is a state government employee, retains overarching control over the counting process and is responsible for selecting personnel.
Naidu argued the objections raised were based on “misplaced apprehensions,” adding that merely labelling officials as central or state nominees does not affect the neutrality of the process. He further submitted that the presence of state government nominees is already part of the process and will be duly followed, even independent of the circular being challenged.
The Election Commission also told the court that its April 13 circular on the deployment of central government staff for counting in Bengal “will be implemented in letter and spirit.”
What the Supreme Court’s Final Order Means for TMC
After the Election Commission gave its formal assurance of compliance, the Supreme Court declined to pass any substantive order, restricting itself “except to reiterate the statement submitted by the ECI’s counsel that the circular in challenge would be implemented.”
The outcome is a clear legal setback for the Trinamool Congress. Having initially challenged the circular, the party shifted during the hearing to seeking only its strict enforcement, a position the court noted was at odds with the original petition. The central government counting staff will remain in place for the vote count.
Repolling at 15 Booths in South 24 Parganas After EVM Tampering Allegations
Separately, fresh voting got underway on Saturday at 15 booths across South 24 Parganas district after the Election Commission ordered a repoll following reports of alleged tampering with electronic voting machines during the second phase of elections held on 29 April.
Voting began at 7 am and is scheduled to run until 6 pm. The repolling covers 11 booths in the Magrahat Paschim assembly constituency and four in Diamond Harbour. The Election Commission wrote to the Chief Electoral Officer of West Bengal stating the decision was based on inputs received from the state poll machinery.
BJP and TMC Exchange Accusations Over South 24 Parganas Repolling
The repolling has sharpened the political confrontation between the two parties. The BJP welcomed the Election Commission’s decision and called for the repoll to be extended to additional booths across both constituencies. The Trinamool Congress countered by blaming the BJP for the incidents that necessitated the repolling, describing it as a deliberate strategy to “defame” the state.
The repolling followed allegations from BJP’s West Bengal co-incharge Amit Malviya, who claimed voters were prevented from choosing the party’s candidate at several polling booths in Falta, under the Diamond Harbour constituency, during the second phase of voting.
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