Supreme Court Declines To Interfere In ECI’s Bengal Vote Counting Framework

In a special Saturday sitting ahead of the May 4 vote counting for the West Bengal Assembly elections, the Supreme Court declined to interfere with the Election Commission of India’s decision to appoint Central government and Central Public Sector Undertaking employees as counting supervisors and assistants.

The court, however, directed the poll panel to follow its own circular providing for state government nominees ‘in letter and spirit’.

A Bench of Justices PS Narasimha and Joymalya Bagchi was hearing a plea filed by the All India Trinamool Congress challenging a Calcutta High Court order that had dismissed its petition against the ECI’s deployment framework for counting personnel.

Recording the assurance given by senior advocate Dama Naidu, appearing for the ECI, the apex court disposed of the Special Leave Petition without issuing further directions.

“No further orders are needed in the SLP. We record the submission of Mr Naidu that the circular of ECI followed in letter and spirit,” the Justice Narasimha-led Bench ordered.

Naidu submitted that vote counting on May 4 would take place in the presence of the state government nominee as contemplated under the ECI’s circular.

“We are saying that the state government nominee will be there. That will guide actions even before all this,” he assured the court.

TMC Raises Legal Concerns

Senior advocate Kapil Sibal, appearing for the Trinamool, argued that the decision to predominantly deploy Central employees cast unwarranted aspersions on the state administration and violated Article 324 as well as the poll panel’s own circular.

Responding to the concerns, Justice Bagchi noted that the framework allows discretion in appointing either Central or State officials.

“The option is open that the counting supervisor and counting assistant may be of the Central government or may be of the state government. So when that option is open, we can’t hold that the notification is contrary to regulations,” he said.

Justice Narasimha questioned the basis of apprehensions, highlighting the presence of counting agents and micro-observers at counting centres.

“What is this proportionate representation concept? All of them serve as government employees,” he remarked.

Earlier, the Calcutta High Court had upheld the ECI’s authority, stating that appointing Central personnel was within its supervisory powers and not illegal. It also noted that safeguards, including micro-observers and candidate agents, ensure transparency in the counting process.

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