The Court recorded the Election Commission’s commitment to comply with its April 13 circular, which, according to the Trinamool Congress, also envisages the deployment of State Government employees alongside Central Government personnel during the counting of votes. The plea had been filed against an earlier order of the Calcutta High Court, which had rejected the party’s challenge to the counting arrangement.
A special bench comprising Justices PS Narasimha and Joymalya Bagchi heard the matter, with vote counting scheduled for May 4. During the proceedings, the bench observed that representatives of the Trinamool Congress would be present at the counting centres and noted that the Election Commission’s circular does not contravene applicable rules.
Senior Advocate Kapil Sibal, appearing along with Senior Advocate Meenakshi Arora for the All India Trinamool Congress, questioned the directive, arguing that the April 13 circular had come to the petitioner’s knowledge only on April 29, despite claims of prior communication. He also raised concerns regarding the basis of the Election Commission’s apprehension of electoral irregularities.
Senior Advocate D. S. Naidu, representing the Election Commission, submitted that the Returning Officer, a State Government employee, retains overarching control over the counting process and is responsible for selecting personnel. He further assured the Court that the April 13 circular regarding the deployment of Central Government staff would be implemented in both letter and spirit, stating that the objections raised were based on what he termed as misplaced apprehensions. He also clarified that one State Government employee and one Central Government employee would function respectively as counting supervisor and counting assistant.
Justice Joymalya Bagchi observed that the classification of a counting official as a Central Government nominee “hardly matters,” adding that such administrative decisions fall within the subjective satisfaction of the Election Commission of India. The bench also noted that counting agents appointed by political parties would be present during the process. It further highlighted that the 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, had approached the Supreme Court on Friday after the Calcutta High Court dismissed its petition challenging the counting arrangement, escalating a legal dispute that now stands effectively declined for interference at the apex judicial level.
The ruling underscores judicial deference to the Election Commission’s administrative discretion in structuring election procedures, particularly with counting scheduled imminently, leaving the contested framework intact ahead of the vote tabulation process.
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