The Supreme Court dismissed the petition filed by Mamata Banerjee's Trinamool Congress (TMC) over the deployment of central government employees during vote counting in West Bengal. The court made it clear that it found no illegality in the Election Commission’s decision and said there was no need to pass further orders in the case.
What did the court say?
The Supreme Court firmly supported the Election Commission’s position, stating, “EC can choose counting personnel from only one pool (central govt), circular cannot be said to be incorrect.” The bench also recorded the assurance given by the Election Commission of India that its April 13 circular will be followed strictly.
Election commission’s assurance
During the hearing, the Election Commission told the court that:
- The April 13 circular will be implemented in letter and spirit
- The Returning Officer, who is a state government employee, will still have overall control
- Concerns raised by TMC about bias are misplaced
Why did TMC go to court?
TMC had raised concerns that:
- The EC’s order required at least one central government official at each counting table
- This could increase the presence of centrally controlled staff
- It might affect the neutrality of the counting process
After failing to get relief from the Calcutta High Court on Thursday, the TMC moved quickly and approached the Supreme Court of India the very next day. The party urged Chief Justice Surya Kant to set up an urgent hearing on Saturday, pointing out that vote counting in West Bengal was just around the corner on Monday. TMC argued that the Election Commission’s directive could tilt the balance during counting. It questioned why such a rule was introduced without clearly explaining the reasoning behind it. The party highlighted that the order requires at least one official at every counting table either a supervisor or an assistant to be from the central government or a central public sector unit.
According to TMC, this move would noticeably change the makeup of staff at counting centres by increasing the number of officials linked to the central government. The party said this raises concerns about fairness and could affect the level playing field among political parties, especially since its main rival, the BJP, is in power at the Centre.
TMC also pointed out that, under existing rules in the 2023 handbook for counting agents, micro-observers are already appointed at each table and these officials are typically from central services. Adding more central government personnel as supervisors or assistants, the party argued, creates an extra layer that is unnecessary and potentially problematic.
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