Supreme Court Dismisses TMC Plea on Counting Personnel, Upholds EC Circular
SC Dismisses TMC Plea on Counting Personnel, Upholds EC Circular

The Supreme Court on Saturday dismissed a petition filed by the Trinamool Congress (TMC) challenging the Election Commission's decision regarding the deployment of counting supervisors and assistants for the upcoming vote count on May 4. The court accepted the Election Commission's assurance that a balanced approach would be adopted, with one central government employee and one state government employee assigned to each counting table.

Background of the Case

TMC had moved the Supreme Court alleging that the Election Commission's circular dated April 13, 2026, which mandated that at least one among the counting supervisor and counting assistant at each table must be a central government or central PSU employee, would undermine the neutrality of the counting process. The party argued that this decision was arbitrary and discriminatory, given that the BJP, its principal political opponent, is the ruling party at the Centre and exercises administrative control over central government employees.

Election Commission's Response

Senior advocate Dama Seshadri Naidu, representing the Election Commission, refuted the allegations, stating that the party's apprehensions were misplaced and baseless. He clarified that if a central government employee is appointed as counting supervisor, then the counting assistant would be a state government employee, or vice versa. This pattern, he noted, has been followed in previous elections as well.

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Supreme Court's Observations

A bench of Justices P S Narasimha and Joymalya Bagchi, after hearing the arguments, concluded that there was no need for judicial interference. The court recorded the Election Commission's statement that it would implement the April 13 circular in true letter and spirit. Consequently, the bench dismissed the special leave petition, stating that no further orders were necessary.

Implications

The Supreme Court's decision brings clarity to the counting process scheduled for May 4. The court's order ensures that the Election Commission's circular will be implemented as intended, with a mix of central and state government employees at counting tables to maintain balance and neutrality. The TMC's petition, which sought to challenge this arrangement, has been effectively rejected.

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