The Calcutta High Court on Thursday dismissed a writ petition filed by the All India Trinamool Congress (TMC) challenging the Election Commission of India's (ECI) directive to appoint only Central government and Central Public Sector Undertaking (PSU) employees as counting supervisors and assistants for the 2026 West Bengal Assembly elections.
A single-judge bench of Justice Krishna Rao, which had reserved its order earlier in the day after hearing arguments, pronounced the verdict in the evening, rejecting the petition in its entirety. In its order, the court held, "It is the prerogative of the office of the Election Commission of India to appoint the counting supervisor and counting assistant either from the State Government or the Central Government. This Court does not find any illegality for appointing counting supervisor and counting assistant from the Central Government/ Central PSU employee instead of State Government employee."
The court further observed that the impugned communication issued by the Additional Chief Electoral Officer, West Bengal, was aimed at ensuring "transparency, integrity and orderly conduct of counting proceedings" and formed part of the ongoing election process.
The bench noted that Clause 15.7.9 of the Handbook for Returning Officers permits counting supervisors and assistants to be appointed from either Central or State government officials or comparable undertakings. The ECI's decision to prefer Central government/Central PSU employees was well within its authority, the court ruled.
Addressing TMC's core allegation, that Central employees, being under the control of the BJP-led Central government, could favour the principal opposition party, the court found the apprehension unsustainable. It pointed out that micro-observers, who are invariably Central government/Central PSU employees, will also be present at every counting table, along with counting agents of candidates and other personnel, making any manipulation "impossible to believe."
The court explicitly clarified that if any irregularity or favouritism occurs during counting, the TMC retains the right to challenge it through an election petition after the results are declared. Citing Section 100 of the Representation of the People Act, 1951, the judgment stated: "If the petitioner proves that the Central Government/Central PSU employees appointed as counting supervisor and counting assistants, helped the opponent of the petitioner by manipulating votes while counting the same, the petitioner has the liberty to take all the points in the election petition."
The petition was filed on April 30, 2026, just days before the scheduled counting on May 4, 2026, and the court viewed it as a challenge at the "eleventh hour" during an ongoing electoral process.
TMC, represented by Senior Advocate Kalyan Bandopadhyay, had argued that the Additional Chief Electoral Officer lacked jurisdiction to issue the directive and that the move was based merely on "apprehension." The party contended that no such blanket exclusion of State employees had been imposed in other states and that it violated the principle of a level-playing field.
The ECI and the State Chief Electoral Officer, represented by Senior Advocates Dama Seshadri Naidu and Jishnu Chowdhury respectively, maintained that the appointments were made under delegated powers (Sections 19A, 20A and 20B of the Representation of the People Act, 1951) and were consistent with established procedures to ensure neutrality.
With the petition dismissed, the ECI's directive stands. Only Central government and Central PSU employees will serve as counting supervisors and assistants at each table for the May 4, 2026 vote counting. The TMC can still raise specific grievances, if any, through post-poll election petitions.
The highlight of these elections in West Bengal has been the ruling TMC's relentless fight against the Election Commission's efforts to conduct a free and fair election. The party has filed a large number of petitions against almost all decisions of the poll panel, from SIR to deployment of central forces, and most of them have been rejected by the high court and the Supreme Court.