'No further orders necessary': Special SC bench rejects TMC's plea on counting staff

NEW DELHI: The Supreme Court on Saturday refused to pass any order on a plea by TMC challenging the deployment of Central government staff for vote counting in West Bengal, “except to reiterate the statement submitted by the Election Commission of India’s counsel that the circular in challenge would be implemented”.

The court recorded the Election Commission’s assurance to comply with its April 13 circular, which, as per TMC’s claims, also includes the deployment of State government employees along with Central government employees in the counting process.





The plea had been filed against a Calcutta High Court order which had earlier rejected TMC’s challenge to the counting arrangement.

A special bench of Justices PS Narasimha and Joymalya Bagchi heard the matter, with counting of votes scheduled to be held on May 4.

During the hearing, the bench observed that TMC representatives would be present during the counting of votes and said that the EC’s circular is not contrary to the rules.

Senior Advocate Kapil Sibal, appearing along with Senior Advocate Meenakshi Arora for AITC, questioned the directive, submitting that the April 13 circular came to the petitioner’s knowledge only on April 29, despite claims of prior notice. He also questioned the basis of the EC’s apprehension of wrongdoing.

Senior Advocate D. S. Naidu, appearing for the Election Commission, submitted that the Returning Officer, a State Government employee, retains overarching control over the counting process and selects personnel. He said the April 13 circular on deployment of Central government staff will be implemented in letter and spirit and argued that the concerns raised were based on “misplaced apprehensions.”

He added that one State government employee and one Central government employee would be appointed as counting supervisor and counting assistant.

Justice Bagchi observed that describing a counting official as a Central Government nominee “hardly matters,” and said such decisions fall within the subjective satisfaction of the Election Commission of India. He also noted that party-appointed counting agents would be present and that the counting framework already includes a micro-observer who is a Central Government officer, along with counting supervisors and assistants.

The Trinamool Congress, led by Mamata Banerjee, on Friday moved the Supreme Court after the high court dismissed its plea challenging the counting arrangement.