The Crossbill Team
Amid heightened political contestation ahead of vote counting in West Bengal, the Supreme Court on May 2 recorded the Election Commission’s assurance that a representative nominated by the state government would remain present during the counting process scheduled for May 4.
The submission was made during an urgent hearing convened in view of the imminent counting day.
“We are saying that State government nominee will be there. That will be followed even before all this,” the Election Commission’s counsel, Senior Advocate Dama Sheshadri Naidu, said, according to Bar and Bench.
The matter reached the apex court after the Trinamool Congress (TMC) challenged the decision of the Chief Electoral Officer to appoint only Union government employees as counting supervisors for the West Bengal assembly elections.
The party had earlier approached the Calcutta high court, which dismissed its petition, observing that the Election Commission has the authority to appoint counting supervisors and assistants from either the state or Union government.
Hearing the special leave petition in an urgent sitting, a bench comprising Justices PS Narasimha and Joymalya Bagchi noted the Election Commission’s stand and declined to pass further directions.
“No further orders are needed in the SLP [special leave petition]. We record the submission of Mr Naidu that the circular of ECI be followed in letter and spirit,” the court said.
During the proceedings, Justice Bagchi also questioned the position taken by the petitioner. The Bar and Bench report also notes that Justice Bagchi also appeared to observe to the TMC’s counsel, Senior Advocate Kapil Sibal, that this is the same circular he was challenging.
“You were challenging the circular and now you are saying follow it?” Justice Bagchi stated.
Sibal, appearing for TMC, had argued that excluding state government officers from supervisory roles in counting undermines constitutional principles. He contended that not allowing state government officers as vote counting supervisors goes against Article 324 of the constitution and is tantamount to casting aspersions on a state.
Responding towards the conclusion of the hearing, Justice Bagchi remarked, “Mr Naidu, Mr Sibal wants strict compliance of the circular.”
The court’s order recorded the assurance given by the poll body, stating that “no further orders are necessary in this case except to record the statement of Mr. Dama Seshadri Naidu that the Election Commission will implement the circular dated 13th April, 2026 in true letter and spirit.”
The legal proceedings unfolded against a charged political backdrop marked by allegations and counter-allegations between the TMC, the Election Commission and the Bharatiya Janata Party regarding the handling of electronic voting machines and postal ballots ahead of counting day.
While the TMC alleged “murder of democracy”, with chief minister Mamata Banerjee visiting the site and alleged that officers were being “pressured”, the ECI maintained that postal ballots were segregated according to prescribed rules in the presence of representatives of political parties.
The submission was made during an urgent hearing convened in view of the imminent counting day.
“We are saying that State government nominee will be there. That will be followed even before all this,” the Election Commission’s counsel, Senior Advocate Dama Sheshadri Naidu, said, according to Bar and Bench.
The matter reached the apex court after the Trinamool Congress (TMC) challenged the decision of the Chief Electoral Officer to appoint only Union government employees as counting supervisors for the West Bengal assembly elections.
The party had earlier approached the Calcutta high court, which dismissed its petition, observing that the Election Commission has the authority to appoint counting supervisors and assistants from either the state or Union government.
Hearing the special leave petition in an urgent sitting, a bench comprising Justices PS Narasimha and Joymalya Bagchi noted the Election Commission’s stand and declined to pass further directions.
“No further orders are needed in the SLP [special leave petition]. We record the submission of Mr Naidu that the circular of ECI be followed in letter and spirit,” the court said.
During the proceedings, Justice Bagchi also questioned the position taken by the petitioner. The Bar and Bench report also notes that Justice Bagchi also appeared to observe to the TMC’s counsel, Senior Advocate Kapil Sibal, that this is the same circular he was challenging.
“You were challenging the circular and now you are saying follow it?” Justice Bagchi stated.
Sibal, appearing for TMC, had argued that excluding state government officers from supervisory roles in counting undermines constitutional principles. He contended that not allowing state government officers as vote counting supervisors goes against Article 324 of the constitution and is tantamount to casting aspersions on a state.
Responding towards the conclusion of the hearing, Justice Bagchi remarked, “Mr Naidu, Mr Sibal wants strict compliance of the circular.”
The court’s order recorded the assurance given by the poll body, stating that “no further orders are necessary in this case except to record the statement of Mr. Dama Seshadri Naidu that the Election Commission will implement the circular dated 13th April, 2026 in true letter and spirit.”
The legal proceedings unfolded against a charged political backdrop marked by allegations and counter-allegations between the TMC, the Election Commission and the Bharatiya Janata Party regarding the handling of electronic voting machines and postal ballots ahead of counting day.
While the TMC alleged “murder of democracy”, with chief minister Mamata Banerjee visiting the site and alleged that officers were being “pressured”, the ECI maintained that postal ballots were segregated according to prescribed rules in the presence of representatives of political parties.
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