The Calcutta High Court on Thursday dismissed a petition filed by the All India Trinamool Congress (TMC) that challenged the Election Commission of India’s (ECI) directive to deploy central government and Public Sector Undertaking (PSU) employees for the counting of votes in the West Bengal Assembly elections.
Justice Krishna Rao, presiding over the matter, ruled that the Election Commission possesses the absolute prerogative to select counting supervisors and assistants from either the state or central government pools. The court found no illegality in the ECI’s decision to mandate the presence of at least one central government or PSU employee at each counting table.
The legal challenge arose following an April 30 communication from the Additional Chief Electoral Officer of West Bengal. The directive stipulated that for the counting of votes scheduled for May 4, each table must include at least one counting supervisor or assistant who is a central government or PSU employee.
The West Bengal Assembly elections for the 294-member house were conducted in two phases on April 23 and April 29. The TMC moved the court to quash this specific directive just days before the counting was set to commence.
Representing the TMC, senior counsel Kalyan Banerjee argued that the ECI’s communication was issued without proper jurisdiction. He contended that the directive was born out of “mere apprehension” rather than a substantiated legal necessity. A primary concern raised by the petitioner was the allegation that central employees might be “susceptible to suggestion and control” by the Union government, which is led by the TMC’s main political opponent, the Bharatiya Janata Party (BJP).
In response, EC counsel DS Naidu defended the validity of the directive, citing the Representation of the People Act, 1951. He argued that the Act explicitly allows for the delegation of the Commission’s functions. Furthermore, Naidu pointed out a significant delay in the filing of the petition; while the initial communication was dated April 13, the TMC only approached the court on April 30. He alleged that the timing of the petition suggested an intent to “stall the process” of counting.
In his judgment, Justice Krishna Rao rejected the petitioner’s claims regarding the potential bias of central government staff. The court emphasized that the counting process is subject to multiple layers of oversight that make manipulation highly improbable.
“It is the prerogative of the office of the EC to appoint the counting supervisor and counting assistant either from the state government or the central government,” the court observed.
Justice Rao further noted that the counting halls are populated by various observers and representatives, stating, “Apart from counting supervisors and assistants, micro observers, counting agents of candidates, and other personnel would also be present in the counting hall. Thus, it is impossible to believe the allegation made by the petitioner.”
By dismissing the plea, the court has cleared the way for the ECI to proceed with its original plan for the May 4 vote count using a mix of state and central personnel.
