The Supreme Court has dismissed a petition filed by the Trinamool Congress (TMC) challenging the Election Commission’s decision on staffing for vote counting in the West Bengal Assembly elections. The court said the choice of personnel for counting duties lies with the Election Commission and is not for judicial interference.
West Bengal, which has 294 Assembly constituencies, recently completed polling in two phases, with counting scheduled for the next day. The contest is being closely watched as a direct fight between the ruling TMC led by Chief Minister Mamata Banerjee and the BJP.
Ahead of counting, the Election Commission issued a circular on April 13 appointing central government and public sector undertaking (PSU) employees as supervisors for counting work. TMC moved the Calcutta High Court against the circular, but the High Court held that the Election Commission could appoint personnel of its choice and dismissed the plea. TMC then appealed to the Supreme Court.
During the urgent hearing before a special bench of Justices P.S. Narasimha and Joymalya Bagchi, senior advocate Kapil Sibal argued for TMC that the party learnt of the circular only on April 29 and questioned why additional central staff were needed when central observers were already present at counting tables. The bench noted that rules permit appointment of either central or state officials and said it could not term the circular contrary to the rules. The Election Commission’s counsel said state government staff would also be present and that candidates’ counting agents would be in place, making fears of malpractice unfounded. The court concluded that no further directions were required and dismissed the appeal.
