The ruling Trinamool Congress (TMC) has filed a petition with the Supreme Court challenging the Calcutta High Court’s dismissal of its plea regarding the deployment of central government staff at counting centers, scheduled for May 4. The TMC, led by Chief Minister Mamata Banerjee, contested the assignment of central government and Public Sector Undertaking (PSU) employees as supervisors during the vote counting.
The High Court highlighted that it is within the Election Commission’s prerogative to appoint counting supervisors from either central or state officers. It advised the TMC that if the central officers were found to have manipulated the counting process in favor of the Bharatiya Janata Party (BJP), the party could file an election petition.
An urgent hearing has been scheduled for Saturday before Justices PS Narasimha and Joymalya Bagchi, given the impending vote counting. In earlier proceedings, the Court questioned why only central officers were appointed, to which the Election Commission (EC) responded that this practice was also observed in Kerala.
Justice Krishna Rao, presiding over the case, asked the EC, “If there is an objection, can the Election Commission not adjudicate? Why are you not going for the state government?” He noted that the statute permits the EC to appoint employees from either the central or state government for these roles.
EC counsel Dama Seshadri Naidu defended the actions, stating, “We have done that in Kerala. We have not singled out any state. As the situation demands, we do that.” Senior advocate Kalyan Banerjee, representing the petitioner, questioned the EC’s stance, saying, “Do you disbelieve these state government employees? You have conducted the entire election with state government staff. Why are you adopting a discriminatory approach towards West Bengal?”
Justice Rao, in his observations, cited Section 100 of the Representation of the People Act, indicating that any noncompliance with constitutional provisions or related rules could be grounds for declaring an election void. He added that should the petitioner find evidence of bias from the central government employees appointed as counting supervisors, they could challenge the results through an election petition.
In its ruling, the High Court stated, “It is the prerogative of the office of the Election Commission of India to appoint the counting supervisor and counting assistant either from the state government or the central government. This court does not find any illegality in appointing counting supervisors and assistants from central government/ PSU employees instead of state government employees.”
The court further clarified that counting rooms would also include micro observers, counting agents from contesting candidates, and other personnel, making it implausible to accept the petitioner’s allegations.
