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The Calcutta High Court on Thursday (April 30) rejected All India Trinamool Congress’s (TMC) petition challenging the Election Commission’s directive. Under the instructions of the Election Commission, it has been decided to appoint only Central Government and Central Public Undertaking (PSU) employees as supervisors and assistants for the counting of votes for the 2026 West Bengal Assembly elections, against which the Trinamool Congress had filed a petition in the High Court.

The single bench of Justice Krishna Rao, after completing the day’s hearing, gave its verdict in the evening and completely dismissed the petition. The court said in its order that it is the prerogative of the Election Commission to appoint counting supervisors and assistants and no illegality was found in it. The court clarified, “The Election Commission has the power to select employees for counting from either the state government or the central government. There is no legal error in the appointment of only central employees.”

The bench also observed that the purpose of the instructions issued by the Additional Chief Electoral Officer of West Bengal is to ensure transparency, fairness and orderly conduct of the counting process. The court said that this decision is part of the election process and there is no ground to interfere in it.

TMC had alleged in its petition that employees working under the central government may be inclined in favor of the ruling BJP, which may affect impartiality. However, the court termed this apprehension as baseless. The court said that micro-observers, candidates’ agents and other officials are present at every counting table, due to which the possibility of any kind of manipulation does not seem credible.

The court also made it clear that if there is any irregularity or bias during the counting of votes, TMC will have the right to file an election petition after the election results are declared. Citing Section 100 of the Representation of the People Act, 1951, the court said that the party can raise all the facts in the election petition. The petition was filed on April 30, while counting of votes is scheduled for May 4.

Senior advocate Kalyan Bandyopadhyay, appearing for TMC, had argued that the Additional Chief Electoral Officer does not have the authority to issue such a direction and the decision is based only on apprehensions. He also said that in other states, state employees have not been completely excluded.

At the same time, senior advocates Dama Sheshadri Naidu and Jishnu Chaudhary, appearing for the Election Commission and the Chief Electoral Officer of the state, argued that these appointments have been made under the powers conferred under Sections 19A, 20A and 20B of the Representation of the People Act and are necessary to ensure impartiality.

After this decision of the court, now only central government and central PSU employees will play the role of supervisors and assistants in the counting of votes to be held on May 4. However, legal options will remain open after the elections regarding any possible irregularities.

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