The Supreme Court of India on Saturday said that the Election Commission of India circular regarding the deployment of central government staff as counting supervisors is “not contrary to rules”. The observation came as a setback for the Trinamool Congress ahead of the West Bengal election results.

The apex court made this remark while hearing a plea filed by the Trinamool Congress challenging the Election Commission’s directive. The party had raised concerns over the decision to appoint central government and public sector undertaking employees as counting personnel for the West Bengal polls. The matter was reported by news agency PTI.

A bench comprising Justices PS Narasimha and Joymalya Bagchi examined the issue and stated that the Election Commission is within its authority to select counting staff. The bench noted that “the ECI can choose counting personnel from only one pool (central government)” and added that the circular “cannot be said to be incorrect.”

During the hearing, Justice Narasimha questioned the basis of the petitioner’s argument, especially its reliance on the idea of “proportionate representation.” He pointed out that all individuals involved in counting, regardless of their category, are ultimately government employees.

Senior Advocate Kapil Sibal, who appeared for the Trinamool Congress, argued that the main concern was the absence of state government nominees in the process. He stated that the circular itself allows for their inclusion, but they were not being appointed as expected.

In response, the bench assured the petitioner that representatives of political parties would still be present during the counting process. It observed that “TMC representative will be there during counting of votes,” as mentioned in the PTI report. This assurance was aimed at addressing concerns about transparency and fairness.

The court chose not to issue any additional directions in the case. Instead, it stated that it would only “reiterate the statement submitted by the ECI’s counsel that the circular in challenge would be implemented,” as reported by ANI. This effectively means that the Election Commission’s plan will proceed without any changes.

Justice Bagchi also highlighted what he viewed as an inconsistency in the petitioner’s argument. He remarked that the party seemed to be taking conflicting positions by challenging the circular while also asking for its proper implementation. This observation pointed to a shift in the party’s stance during the hearing.

Notably, while the Trinamool Congress had initially challenged the circular in its petition, it later focused on seeking strict adherence to the same directive during the court proceedings. This change was reported by ANI and was taken into account by the bench.

The Election Commission, during the hearing, defended its position and clarified its approach. It told the court that its April 13 circular regarding the deployment of central staff would be implemented “in letter and spirit.” The poll body also acknowledged that, as pointed out by the TMC, the circular provides for the inclusion of state government employees along with central staff in the counting process.

Addressing concerns raised by the Trinamool Congress, the Election Commission emphasised that the returning officer would continue to hold overall authority during vote counting. It noted that the returning officer is a state government employee, which ensures balance in the process. The Commission argued that, in this context, “TMC’s apprehensions are misplaced”.

The court’s observations and decision reinforce the Election Commission’s authority in managing election procedures. At the same time, it signals that concerns raised by political parties must align with existing rules and frameworks. With no further directions issued, the circular will be followed as planned during the counting process in West Bengal.