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The Supreme Court has dealt a setback to the Trinamool Congress ahead of counting for the West Bengal Assembly elections, refusing to interfere in the deployment of central government employees for the counting process.

Dismissing the party’s plea challenging the appointment of central government staff for counting duties, the court said there was no need to pass any order in the matter.

A bench of Justices PS Narasimha and Joymalya Bagchi observed that the Election Commission’s decision was fully within the framework of rules.

Special Saturday Hearing Held On TMC Plea

The matter was taken up in a special hearing on Saturday, with both judges sitting specifically to hear the petition.

Appearing for the Trinamool Congress, senior advocate Kapil Sibal alleged arbitrariness on the part of the Election Commission. The bench, however, did not accept the argument.

The court made it clear that appointment of personnel for counting is within the Election Commission’s authority.

Court Says Appointment Of Counting Staff Is ECI’s Prerogative

Justice Bagchi, who headed the bench, said, “The Election Commission’s circular nowhere states that the employee must only be from the Centre. But even if they had written so, we would not have said they were wrong.”

Justice Narasimha noted that CCTV cameras would be installed at counting centres and political party agents would be present, adding that the petitioner’s apprehensions lacked basis.

Election Commission Calls Plea Baseless

Appearing for the Election Commission, senior advocate DS Naidu said the petition was based entirely on unfounded apprehensions.

He argued that the Election Commission’s circular nowhere stated that state government employees would have no role in the counting process.

Naidu further said that the Returning Officer responsible for appointing counting personnel is himself a state government officer.

ECI Assures Full Compliance With Circular

The Election Commission told the court that the entire process would be conducted strictly in accordance with the prescribed rules.

Its counsel said all provisions of the circular would be followed while assigning counting duties.

After hearing the submissions, the bench said, “There is no need for any order in this matter. The Election Commission has said the circular will be fully complied with.”

Calcutta High Court Had Also Rejected TMC Plea

The Trinamool Congress had earlier approached the Calcutta High Court with the same plea.

On April 30, the High Court dismissed the petition, holding that appointment of counting staff falls within the Election Commission’s exclusive domain.

The High Court had observed that if any irregularity occurs during counting, a petition may be filed later, but no order can be passed merely on the basis of apprehensions.