The Supreme Court on Saturday said no further orders were required on a plea filed by the Trinamool Congress (TMC) challenging an Election Commission (EC) circular on the deployment of government personnel for vote counting in West Bengal, effectively bringing the matter to a close.
A special bench comprising Justices P S Narasimha and Joymalya Bagchi observed that the Election Commission is within its authority to decide the deployment of personnel for counting duties and held that its April 13 circular could not be termed incorrect. The court also noted that the poll body's arrangement, providing for a mix of central and state government employees, appeared reasonable.
The EC, defending its position before the court, said the circular clearly envisages a combination of central and state government staff for counting operations. It argued that apprehensions raised by the TMC regarding possible irregularities were unfounded. The commission further assured the bench that the circular would be implemented 'in letter and spirit.'
Senior advocate Kapil Sibal, appearing for the TMC, told the court that although the circular was issued on April 13, the party became aware of it only on April 29. He argued that the EC's decision on the appointment of counting personnel raised concerns that warranted judicial intervention.
During the hearing, the bench questioned the necessity of the plea, especially after Sibal submitted that the party wanted the circular to be implemented as issued. Justice Joymalya Bagchi remarked, if TMC wanted compliance of the circular, then why are they before the court?
The Election Commission, represented by senior advocate D S Naidu, maintained that the returning officer, who is a state government official, holds overarching authority to appoint personnel from available government pools for election duties.
The Supreme Court ultimately disposed of the plea, stating that no further directions were necessary.
Earlier, the Calcutta High Court had also dismissed the TMC's challenge to the EC circular on April 30, holding that there was no illegality in the poll panel's decision to appoint counting supervisors and assistants from central government and PSU employees instead of state government staff.
Polling for the 294-member West Bengal Assembly was conducted in two phases on April 23 and April 29. Counting of votes is scheduled for May 4.

