TMC moves SC over Bengal counting staff row; hearing today

The Supreme Court, later today, will hear a plea filed by the Trinamool Congress (TMC) challenging a Calcutta High Court order that dismissed a petition against the Election Commission's (EC) directive to deploy central government and PSU employees for counting the votes polled in the West Bengal Assembly election.

Polling for the 294-member Assembly was held in two phases on April 23 and April 29, with the counting of votes scheduled for May 4.

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The HC dismissed the TMC's petition on Thursday, saying there was no illegality in the poll panel's decision to appoint counting supervisors and assistants from central government and Public Sector Undertaking (PSU) employees, instead of the state government staff.

According to the apex court's cause list for May 2, the TMC's plea will be heard by a bench of Justices P S Narasimha and Joymalya Bagchi.

What TMC said in HC

In the High Court, the TMC had challenged an April 30 communication issued by the additional chief electoral officer of West Bengal that stated that at least one of the counting supervisors or assistants at each table should be a central government or PSU employee.

The TMC's counsel had argued before the high court that the communication was issued without jurisdiction and was based on mere apprehension.

The EC's counsel had contended before the high court that the Representation of the People Act, 1951, allows delegation of the commission's functions and that the directive was valid.

The poll panel's counsel had also submitted that the communication was issued on April 13, but the petition was filed only on April 30, close to the counting date, alleging that the move was intended to stall the process.

The high court had not agreed with the TMC's allegation that its main opponent, the Bharatiya Janata Party (BJP), controls the employees of the central government or PSUs, making them susceptible to suggestions and control by the Union government.

It had also noted that apart from the counting supervisors and assistants, micro-observers, counting agents of candidates and other personnel would also be present in the counting hall.

EC orders repolling

Meanwhile, the Election Commission has ordered repoll in 15 polling stations of two assembly constituencies in West Bengal's South 24 Parganas district, to be held on May 2, following reports of electoral malpractices. The repolls were ordered in 11 polling stations of Magrahat Paschim Assembly constituency and four in Diamond Harbour. Voting has already begun. You can read the latest updates here.

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The decision on repoll in the Falta constituency would be taken on Saturday as a report from the assembly segment is still awaited. Polling in the Magrahat Paschim and Diamond Harbour constituencies was held in the second phase of the state election on April 29.

The BJP knows it will be defeated by a big margin in Diamond Harbour and Magrahat, and that is why they are demanding a repoll in these places. With the EC's assistance, the BJP is forcing people of these areas to go through the rigours of the voting process yet again.

The repoll order was based on reports received from returning officers and observers of the two constituencies and "material circumstances".

Voting will be held between 7 am and 6 pm, the EC order said. The BJP had alleged rampant electoral malpractices at certain polling stations in both assembly seats under the Dimanod Harbour Lok Sabha constituency, which is represented by TMC national general secretary Abhishek Banerjee.

The EC had deputed its special observer, Subrata Gupta, to fact-check the allegations from the ground.

'BJP know it will be defeated'

"The BJP knows it will be defeated by a big margin in Diamond Harbour and Magrahat, and that is why they are demanding a repoll in these places. With the EC's assistance, the BJP is forcing people of these areas to go through the rigours of the voting process yet again. The mandate is against the BJP, and it will remain the same," TMC spokesperson Kunal Ghosh said.

On the other hand, senior BJP leader Suvendu Adhikari said, "There had been malpractices in several booths in these areas to favour the TMC. We are happy with the repoll decision of the poll body."