The Supreme Court on Saturday dismissed a plea by the Trinamool Congress (TMC) challenging the deployment of Central government and Public Sector Undertaking (PSU) employees as counting supervisors for the West Bengal assembly elections. The court recorded the Election Commission of India's (ECI) statement that its April 13 circular will be implemented in letter and spirit.
Background of the Case
The plea was filed against a Calcutta High Court order that 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 for 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.
Arguments Presented
Senior Advocate Kapil Sibal, appearing along with Senior Advocate Meenakshi Arora for TMC, 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 followed 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.
Court's Observations
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, moved the Supreme Court on Friday after the high court dismissed its plea challenging the counting arrangement.
