Supreme Court Upholds EC’s Authority on Poll Staff Selection, Deals Blow to TMC

In a significant development, the Supreme Court of India on Saturday reaffirmed the authority of the Election Commission of India (EC) to determine the pool of officers deployed at vote-counting centres, delivering a setback to the All India Trinamool Congress (TMC).

A bench comprising Justices P. S. Narasimha and Joymalya Bagchi observed that the EC retains discretion in selecting personnel, noting that the relevant circular cannot be invalidated solely because both the counting supervisor and assistant may be drawn from central government services.

“The option remains open for both counting supervisors and assistants to be from either the central or state government. When such flexibility exists, the notification cannot be held to be contrary to regulations,” Justice Bagchi remarked, adding that even selection from a single pool cannot be deemed inherently improper.

Following the Court’s observations, the TMC, led by Mamata Banerjee, revised its position and called for strict implementation of the EC’s circular. Representing the Commission, advocate D. S. Naidu assured the bench that deployment guidelines are being followed in a balanced manner, stating that where a central government official is appointed as counting supervisor, the assistant is typically drawn from the state government.

The TMC had earlier challenged an order of the Calcutta High Court, which upheld the appointment of central government and public sector undertaking (PSU) personnel as counting officials for the May 4 exercise in West Bengal.

During the hearing, senior advocate Kapil Sibal, appearing for the TMC, raised multiple objections. He argued that the April 13 communication to District Election Officers (DEOs) regarding staff deployment came to the party’s notice only on April 29, limiting its response time. He further questioned the basis for anticipating disturbances at counting centres and highlighted that central government officials were already present as micro-observers at each counting table.

Sibal also contended that while the EC’s circular provides for the inclusion of state government officers, such provisions were not being fully implemented in practice.

Reacting to the ruling, Pradeep Bhandari, National Spokesperson of the Bharatiya Janata Party (BJP), described the verdict as a “major setback” for the TMC, asserting that the Court’s refusal to interfere with the EC’s framework reinforces the Commission’s autonomy in electoral administration.

The High Court had earlier dismissed the TMC’s plea, finding no illegality in appointing central government or PSU personnel for counting duties, thereby setting the stage for the Supreme Court’s endorsement of the EC’s position.