'Central Staff Can Be Counting Supervisors': Court Rejects Trinamool Appeal

The Calcutta High Court has upheld the decision of the Election Commission of India to appoint Central government and PSU employees as counting supervisors and assistants, dismissing a petition filed by the All India Trinamool Congress. 

The court ruled that such appointments fall within the exclusive discretion of the Election Commission and do not suffer from any illegality or lack of jurisdiction.

Referring to the applicable handbook provisions, Justice Krishna Rao's court observed that there is no restriction mandating selection only from state government employees, and authorities are free to appoint personnel from Central or State services, including PSUs.

The court refused to interfere with the counting process, emphasising that judicial intervention during an ongoing election is limited and warranted only in cases of clear illegality, which was not established. 

It further rejected allegations of potential bias, noting that the counting process is conducted with multiple safeguards such as micro-observers, counting agents, and CCTV surveillance, ensuring transparency. 

The bench termed the petitioner's apprehensions as speculative and unsupported by evidence. 

It also clarified that any proven irregularity can be challenged through an election petition under Section 100 of the Representation of the People Act, 1951.

Appearing for the petitioner, senior advocate and Trinamool Congress MP Kalyan Bandopadhyay argued that the directive lacked jurisdiction and deviated from the Election Commission's own handbook, which does not mandate the appointment of Central Government personnel for such roles. He contended that while micro-observers are required to be drawn from Central Government or PSU employees, extending this requirement to counting supervisors and assistants was arbitrary and a practice unique to West Bengal.

The petitioner also raised concerns of potential bias, alleging that since the Central Government is controlled by the BJP, Central government employees may be susceptible to influence, thereby disturbing the level playing field.

Opposing the plea, senior advocates Dama Seshadri Naidu and Jishnu Chowdhury, appearing for the Election Commission and the Chief Electoral Officer, argued that the petition was based purely on apprehension without any material evidence of prejudice. They submitted that the direction was issued to strengthen transparency and integrity in the counting process.