The Supreme Court on Saturday disposed of a plea filed by the All India Trinamool Congress (AITC) challenging the Election Commission of India’s (ECI) decision on appointing Central government and PSU employees in the counting process for the 2026 West Bengal Assembly elections.
A special bench of Justice PS Narasimha and Justice Joymalya Bagchi, constituted for urgent hearing ahead of vote counting on May 4, chose not to interfere with the process. The court stated, "No further orders are necessary except to reiterate the statement of Mr. Naidu (for ECI) that the circular dated April 13, 2026, will be implemented in letter and spirit."
Key concerns raised by TMC
Representing AITC, Senior Advocate Kapil Sibal flagged multiple issues during the hearing. He pointed out that the April 13 circular came to light only on April 29 and questioned the basis of ECI’s concerns about irregularities.
Referring to the commission’s position, Sibal argued, "CEO's communication says that there are apprehensions expressed from various quarters regarding possible irregularities in counting...They want another central govt nominee because they fear possible irregularities. That is pointing a finger at the state government..." He further asked, "There must be some data. Where is the apprehension from each booth? They have not disclosed this. And why not tell us that they're going to have a central government nominee?"
The party also maintained that micro-observers were already present, and additional central personnel created an imbalance.
Court backs ECI’s discretion
Justice Bagchi observed that existing rules permit flexibility in appointing counting staff. "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. They can even say that both of them can be Central. Even if they had said that, we could not have faulted them. Because regulations say that either the Central Government or the state government officers can be appointed", he said.
ECI assures transparency
Senior Advocate Dama Seshadri Naidu, appearing for the ECI, emphasised safeguards already in place. He noted that returning officers belong to the state cadre and candidates will have counting agents present. "Each candidate will I also have their own counting agent. It is a completely misplaced apprehension", he submitted.
The plea challenged a Calcutta High Court order that had upheld a communication mandating at least one Central government or PSU employee at each counting table. AITC argued this could lead to perceived bias, citing lack of consultation and unequal application compared to other states.
The Supreme Court, however, limited its order to ensuring strict adherence to the ECI’s April 13 circular.
