EC can choose counting personnel, no further order: SC on TMC plea

The Supreme Court on Saturday (May 2), during the hearing of Trinamool Congress’ (TMC) plea challenging the appointment of Central government employees in the West Bengal Assembly elections counting process, said that the related circular of the Election Commission (EC) shall be implemented in letter and spirit.

Court reiterates EC Stand

"No further orders are necessary except to reiterate the statement of Mr. Naidu (for ECI) that the circular dated April 13th 2026 will be implemented in letter and spirit" stated the Supreme Court as quoted by Live Law.

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A special bench of Justice PS Narasimha and Justice Joymalya Bagchi passed the order. The bench was formed during the day for an urgent hearing on the matter, as the counting of votes is scheduled to begin at 8am on May 4.

During the hearing, senior advocate Kapil Sibal said that the communication from the West Bengal CEO stated that there was apprehension from various quarters regarding the possibility of irregularity in counting, adding that this was equal to casting aspirations of the State government.

Sibal questions CEO's communication

"CEO's communication says that there are apprehension expressed from various quarters regarding possible irregularities in counting. That is pointing a finger at the state government..,” said Sibal.

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"There must be some data. Where is the apprehension from each booth? They have not disclosed this. And why not tell us that there going to have a central government nominee?" he added.

At this point, Justice Bagchi pointed out that the EC’s circular could not be faulted as it contains the option of Central government employees as both counting supervisor and counting assistant.

Bench backs EC circular

"The option is open that the counting supervisor and counting assistant may be of the central government or may be of the state government. So when that option is open we can't hold that the notification is contrary to regulations. They can even say that both of them can be Central. Even if they had said that we could not have faulted them. Because regulation say that either Central Government or state government officers can be appointed", said Justice Bagchi.

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Sibal argued that all they are seeking was for the ED to properly implement the circular. "All we want is, in terms of the Circular, the state government nominee should be there", he said.

Ultimately, the bench said that no further intervention was called for in the matter, except to reiterate that the Election Commission of India’s (ECI) circular must be implemented in letter and spirit.

What AITC challenged

The All India Trinamool Congress (AITC) had moved the Supreme Court challenging an order passed by the Calcutta High Court, which had dismissed its plea against a communication issued by the Additional Chief Electoral Officer, West Bengal. The communication provided, “at least one among the Counting Supervisor and Counting Assistant at each table shall be a Central Government/ Central PSU employee.”

The challenged communication stated that the direction was issued in view of apprehensions expressed by “various quarters” regarding possible irregularities during the counting process, and to ensure transparency, integrity and orderly conduct of the exercise.

Against this, AITC argued that the appointment of counting supervisors and counting assistants from among Central Government and Central PSU employees, who remain under the administrative control of the Central government, created a reasonable apprehension of bias.