The Supreme Court on Friday declined to entertain a plea filed by the Trinamool Congress (TMC) challenging a circular issued by the Election Commission (EC) regarding the deployment of central government staff for vote counting in West Bengal. A bench comprising Justices Vikram Nath and Prashant Kumar Mishra refused to consider the petition, stating that it found no merit in the submissions made by the party.
TMC's Submission
Senior advocate Kapil Sibal, representing the TMC, argued that the party had only become aware of the April 13 circular on April 29. He contended that the circular, which mandates the involvement of central personnel in the counting process, was issued without proper consultation and could undermine the fairness of the electoral process. Sibal urged the court to intervene and set aside the directive, emphasizing the need for transparency in the vote counting procedure.
Court's Response
The bench, however, was not persuaded by the arguments. The justices observed that the TMC's plea lacked substantial grounds for judicial intervention at this stage. They noted that the Election Commission is empowered to issue such directives under the Representation of the People Act, 1951, and that the circular was aimed at ensuring a free and fair counting process. The court also highlighted that the TMC could approach the Election Commission with its grievances rather than seeking the court's interference.
Background
The Election Commission had issued the circular on April 13, directing the deployment of central government employees as counting supervisors and micro-observers for the West Bengal Assembly elections. The move was intended to enhance the credibility of the counting process, which is scheduled to take place after the completion of polling. The TMC had alleged that the circular was politically motivated and aimed at favoring rival parties.
Implications
The Supreme Court's decision to not entertain the plea means that the EC's circular remains in effect for the upcoming vote counting in West Bengal. This development is significant as the state prepares for the final phase of elections, with counting expected to begin shortly after the last polling day. The TMC has the option to raise its concerns before the Election Commission or seek other legal remedies.
The ruling underscores the judiciary's reluctance to interfere in procedural matters of the Election Commission unless there is a clear violation of constitutional or statutory provisions. It also reinforces the autonomy of the EC in conducting elections.
