Supreme Court Backs ECI, Dismisses TMC’s Concerns on Central Staff for Bengal Vote Counting

The Supreme Court of India on Saturday observed that the Election Commission’s decision to deploy central government personnel as counting supervisors in the West Bengal Assembly elections does not violate any rules. Hearing a plea filed by the All India Trinamool Congress (TMC), the apex court said the circular issued by the Election Commission of India (ECI) “cannot be said to be incorrect” and falls within the poll body’s authority.

The bench noted that the ECI is empowered to select counting personnel, even if that involves choosing officials from a single pool. “The ECI can choose counting personnel from only one pool (central government),” the court remarked, adding that such a decision does not breach existing regulations.

At the same time, the court reassured the petitioner that party representatives would remain involved in the counting process. “TMC representative will be there during counting of votes,” the bench observed, addressing concerns over transparency. Declining to issue further directions, the court said it would simply reiterate the assurance given by the ECI’s counsel that the April 13 circular would be implemented “in letter and spirit.”

During the hearing, the poll body maintained that the process would not exclude state government officials. It clarified that returning officers, who are state government employees, would continue to exercise overall control. The ECI argued that, in this context, “TMC’s apprehensions are misplaced.”

The court also questioned the premise of the TMC’s concerns. It remarked that the assumption that central government employees would act against the party “has a fallacy,” urging that government officials be given “some credence.”

Senior advocate Kapil Sibal, appearing for the party led by Chief Minister Mamata Banerjee, argued that the circular itself referred to apprehensions about discrepancies. “They want another central government nominee. Is this not pointing a finger at the state?” he asked.

Responding to this, Justice Joymalya Bagchi said, “It hardly matters if he is a central government nominee or not. It is to the subjective satisfaction of the EC. Your counting agents will be there and so will others.” He further added, “We cannot hold that this notification is contrary to the regulation since one is a central government officer, but the others are not… To choose wholly from one pool cannot be said to be incorrect.”

Justice PS Narasimha also questioned the argument of proportional representation. “What is this proportionate representation concept? All of them are employees of the government,” he said.

When Sibal pointed out that a state government nominee had not been appointed, Justice Narasimha responded, “So have you written to them… You were challenging the circular and now you are saying to follow it.”

The court’s observations come days after the Calcutta High Court upheld the ECI’s decision to appoint central government and PSU employees as counting supervisors and assistants, dismissing a similar challenge by the TMC.

The Election Commission reiterated before the court that both central and state officials would be present at counting centres, seeking to allay concerns over fairness in the process. Counting for the West Bengal Assembly elections is scheduled to take place on May 4, Monday.