The Calcutta High Court on Thursday dismissed a petition filed by Trinamool Congress (TMC) candidate Javed Ahmed Khan, which challenged the Election Commission’s (EC) decision to relocate the counting center for the Kasba Assembly constituency. Justice Krishna Rao ruled that the poll watchdog’s decision to move the venue from Gitanjali Stadium to Viharilal College was legally sound and aligned with administrative security protocols.
Javed Ahmed Khan, a TMC candidate seeking a fourth consecutive term from the Kasba constituency, moved the court claiming that the Election Commission had failed to follow proper procedures in making what he described as a “last-minute” change to the counting venue. The petition sought to reverse the shift, arguing that the initial selection of Gitanjali Stadium should have been maintained.
During the proceedings, the counsel for the Election Commission, Jishnu Chowdhury, defended the relocation as a measure to “streamline” operations. The EC argued that the shift was intended to centralize counting arrangements and ensure the center was located within the district headquarters zone.
Chowdhury further pointed out that under existing electoral rules, a Returning Officer maintains the authority to alter a counting venue if they find it necessary for administrative or logistical reasons.
In its judgment, the court noted that the Election Commission has established clear guidelines prioritizing district headquarters for counting activities. The court observed:
“The authorities have taken the decision that counting centres must ordinarily be located at the district headquarters and only in exceptional circumstances, counting may be allowed at sub-divisional headquarters, subject to proper justification.”
Furthermore, the court highlighted the EC’s preference for secure government buildings. Viharilal College, located in Alipore, falls within the South 24 Parganas district headquarters zone. The court found that utilizing such a building “ensures administrative control and security feasibility,” which is a paramount concern for the poll watchdog during the counting process.
Finding no evidence of “illegality” or procedural lapses in the Commission’s decision-making process, Justice Krishna Rao dismissed the petition. The court concluded that the shift was a valid exercise of administrative discretion aimed at improving the efficiency and security of the electoral process.
