No fresh relief for TMC as Supreme Court backs EC on exclusion of state staff from vote counting supervisor duty

The Supreme Court on Saturday declined to pass any fresh directions on a plea by the All India Trinamool Congress (AITC) over the deployment of personnel for vote counting in the West Bengal Assembly elections, recording the Election Commission of India’s (ECI) assurance that its April 13 circular would be implemented in letter and spirit.

The matter stems from AITC’s challenge to a Calcutta High Court order that had rejected its plea against the use of Central government and public sector undertaking employees as supervisors during counting. The party had raised concerns over the composition of personnel overseeing the process, alleging a potential bias.

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What the Supreme Court said during the hearing

A special bench of Justices PS Narasimha and Joymalya Bagchi noted the submission made by the ECI’s counsel and said it would not issue any further directions “except to reiterate the statement submitted” that the circular in question would be followed.

“No further orders are needed… We record the submission… that the circular of ECI be followed in letter and spirit,” the bench said, disposing of the Special Leave Petition.

The court also observed that counting would take place in the presence of multiple stakeholders, including counting agents and micro-observers, indicating that adequate safeguards were already in place.

AITC’s argument and court proceedings

Though the April 13 circular was initially under challenge in AITC’s petition, the party narrowed its stand during the hearing and sought strict compliance with the same, as per its interpretation that it provides for the deployment of both state and central government employees in the counting process.

Senior Advocate Kapil Sibal, appearing for AITC, argued that the ECI’s move to predominantly deploy Central personnel cast unwarranted aspersions on the state administration and was contrary to the poll panel’s own framework.

He also questioned the timing and transparency of the circular, stating that it was disclosed late and introduced additional requirements without a clear basis.

Court’s observations on ECI powers

During the hearing, the bench noted that the ECI retains the discretion to appoint counting personnel from either Central or State services under the existing regulatory framework.

“The option is open… we can’t hold that the notification is contrary to regulations,” Justice Bagchi observed.

Justice Narasimha also questioned the basis of apprehensions raised by the petitioner, noting that all personnel involved in counting operate under the supervision of the Election Commission.

The matter reached the apex court after the Calcutta High Court upheld the poll body’s authority, holding that there was no illegality in appointing Central government or PSU employees as counting supervisors.

The High Court had also observed that existing mechanisms, including micro-observers and candidate agents, provide sufficient checks and balances to ensure transparency in the counting process.