The Trinamool Congress has taken its challenge against the Election Commission of India’s decision on counting personnel to the Supreme Court. The Calcutta High Court had dismissed TMC’s plea regarding the appointment of Central government and PSU employees as counting supervisors and assistants for the West Bengal Assembly elections. The Supreme Court is set to hear the fresh petition filed by the ruling party on Saturday.
The TMC’s legal team has sought the constitution of a Special bench for an urgent listing of the matter. This move follows the Calcutta High Court’s rejection of TMC’s writ petition and its affirmation of the ECI’s authority in appointing counting personnel from Central government and PSU establishments. The High Court upheld the transparency and integrity of the counting process.
The Calcutta High Court emphasized that the ECI has the prerogative to appoint counting supervisors and assistants from either state or Central government officials. It found no illegality in the appointment of Central government/Central PSU employees for these roles. Addressing concerns about favoritism, the High Court highlighted the presence of micro-observers to ensure fairness during the counting process.
The High Court mentioned that any irregularities during counting can be challenged by the TMC through an election petition post-results declaration. It cited Section 100 of the Representation of the People Act, 1951, allowing challenges if manipulation by Central government/Central PSU employees is proven. The writ petition contested a directive mandating Central government/Central PSU employees at counting tables.
Senior Advocate Kalyan Bandopadhyay argued that the directive deviated from the Election Commission’s handbook and was specific to West Bengal. The petition raised concerns about the arbitrary extension of the requirement for Central government personnel in counting roles. The Supreme Court is scheduled to hear the matter on Saturday.
