The Supreme Court on Saturday dismissed a plea by the Trinamool Congress challenging the Election Commission’s decision to appoint central government and public sector undertaking (PSU) employees as counting supervisors and assistants for the West Bengal Assembly election results. The court underscored that apprehensions about bias against central staff were unfounded and urged the party to place trust in government officials.
During the hearing, the bench questioned the Trinamool Congress’s argument that central government employees could act against the party’s interests. Justice Joymalya Bagchi observed that such reasoning was based on a flawed assumption, stating that the party should “give government employees some credence.” The court emphasized that the Election Commission has the authority to decide the composition of counting personnel, and such decisions fall within its discretion.
Senior advocate Kapil Sibal, representing the Trinamool Congress, argued that a circular issued by the Election Commission acknowledged concerns about discrepancies and sought additional central government nominees, which he claimed indirectly cast doubt on state authorities. However, the bench rejected this contention, clarifying that the presence of central officials alongside other personnel did not imply bias or illegality in the process.
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Justice PS Narasimha also questioned the party’s stance on proportional representation of state and central staff, pointing out that all personnel involved are government employees regardless of their affiliation. The court further noted that counting agents from various parties, along with supervisors and micro-observers, would be present during the counting process, ensuring transparency and accountability.
The Election Commission, represented by senior advocate DS Naidu, maintained that the concerns raised by the state were misplaced. It reiterated that state government officers would continue to play a key role in the counting process, with returning officers — typically state officials — holding overarching authority to deploy personnel from different pools, including central and PSU employees.
The Supreme Court’s decision comes days after the Calcutta High Court upheld the Election Commission’s circular, ruling that there was no legal requirement to appoint counting staff exclusively from state government employees. With counting for the West Bengal Assembly elections scheduled to take place on Monday, the apex court disposed of the petition, concluding that no further intervention was necessary.
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