'Follow Circular In Letter & Spirit': Supreme Court Tells ECI On Bengal Poll Counting Staff Row
· Free Press Journal
New Delhi: The Supreme Court of India on Saturday directed the Election Commission of India (ECI) to follow its own circular 'in letter and spirit' while appointing vote-counting supervisors for the upcoming West Bengal Assembly elections.
The direction came during the hearing of a petition filed by the All India Trinamool Congress (TMC), which challenged the appointment of only Central government and PSU employees as counting supervisors and assistants.
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Apex Court Asks Poll Body To Stick To Guidelines
A bench of Justices P.S. Narasimha and Joymalya Bagchi recorded the submission made by senior advocate D.S. Naidu, appearing for the ECI, that the poll body would adhere to its guidelines. “Make sure what is there in the circular is followed,” Justice Narasimha observed, while Justice Bagchi noted that the petitioner was seeking strict compliance. The court did not pass any additional directions, stating that no further orders were required after recording the ECI’s assurance.
During the proceedings, senior advocate Kapil Sibal, appearing for the TMC, also raised concerns over transparency and sought preservation of CCTV footage from counting centres. In response, Naidu informed the bench that such footage is retained for 45 days as per existing norms.
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The TMC had approached the apex court after the Calcutta High Court dismissed its plea challenging the ECI’s decision. The High Court had upheld the Commission’s authority, stating that it has the prerogative to appoint counting personnel from either state or Central government services.
“It is the prerogative of the ECI to appoint counting supervisors and assistants either from the state government or the Central government,” the High Court had observed, adding that the move aimed to ensure transparency and integrity in the counting process.
Before moving the Supreme Court, the TMC had also sought urgent listing of the matter, reportedly approaching Chief Justice of India Surya Kant. The controversy centres around the composition of the counting staff, with the TMC expressing apprehensions over the exclusive use of Central personnel. The ECI, however, maintained that returning officers, who are state government officials, retain overall supervisory authority.
With the Supreme Court now recording the ECI’s assurance, the focus shifts to the implementation of guidelines during the counting process, which is scheduled to take place on May 4.