SC rejects TMC plea on counting staff, says EC free to choose personnel

The Supreme Court on Saturday, 2 May, declined to pass any further directions on a plea by the Trinamool Congress (TMC) challenging an Election Commission (EC) circular on the deployment of personnel for counting votes in West Bengal, effectively upholding the poll body’s authority in the matter.

A special bench of Justices P.S. Narasimha and Joymalya Bagchi observed that the EC is empowered to decide the composition of counting staff and that its 13 April circular “cannot be said to be incorrect”.

“The EC can choose counting personnel,” the bench noted, adding that no further orders were required in the case.

The court was hearing a petition filed by the TMC against a 30 April order of the Calcutta High Court, which had dismissed its challenge to the EC’s decision to deploy central government and public sector undertaking (PSU) employees as counting supervisors and assistants, instead of relying solely on state government staff.

Appearing for the TMC, senior advocate Kapil Sibal told the bench that although the circular was issued on 13 April, the party became aware of it only on 29 April. He argued for strict implementation of the circular.

In response, the bench questioned the need for judicial intervention if the petitioner was seeking compliance with the very circular it had challenged. “If you want compliance of the circular, then why are you before the court,” Justice Bagchi asked.

Representing the EC, senior advocate D.S. Naidu submitted that the circular clearly provides for a mix of central and state personnel. He emphasised that the returning officer — a state government official — retains the overarching authority to deploy staff from different pools.

The EC also assured the court that the circular would be implemented “in letter and spirit,” while maintaining that the TMC’s apprehensions of potential wrongdoing were misplaced.

Taking note of these submissions, the bench disposed of the plea, stating that no further order was necessary.

The issue arose in the backdrop of the West Bengal Assembly elections, where polling for all 294 seats was conducted in two phases on 23 April and 29 April. The counting of votes is scheduled for 4 May.

The controversy reflects a recurring political concern over the neutrality of election processes, particularly the role of central personnel versus state officials in sensitive stages such as vote counting. However, the Calcutta High Court and the Supreme Court have now endorsed the EC’s discretion in ensuring the conduct of free and fair elections.

(With agency inputs)