EC can choose counting personnel, no further order needed: SC to TMC

The Supreme Court on Saturday said no further order was necessary on the TMC's plea challenging the Calcutta High Court's dismissal of its petition against an Election Commission circular on the deployment of central government personnel for vote counting in West Bengal. A special bench of Justices P S Narasimha and Joymalya Bagchi said the Election Commission (EC) can choose counting personnel and its April 13 circular cannot be said to be incorrect. The poll body said the circular is very clear that there will be a mix of central and state government employees and the apprehension of the Trinamool Congress (TMC) of any wrongdoing is misplaced.
Senior lawyer Kapil Sibal, representing the party led by Chief Minister Mamata Banerjee, referred to a circular issued by the EC and said, "It says there has been apprehension from various quarters regarding discrepancy. They want another central government nominee. Is this not pointing a finger at the state?" "We cannot hold that this notification is contrary to the regulation since one is a central government officer, but the others are not. To choose wholly from one pool cannot be said to be incorrect," Justice Bagchi said.
During the hearing, Justice Bagchi observed that the choice of officials rests with the Election Commission. He noted that every counting table already has agents, supervisors, and observers, and questioned concerns over the presence of central government employees. Counsel for the Commission clarified that returning officers are state government employees and are responsible for appointing other officials. On the issue of transparency, senior advocate Kapil Sibal urged for preservation of CCTV footage. The Commission informed the court that such footage will be stored for 45 days. In its final order, the Supreme Court reiterated that the Election Commission’s circular must be implemented in letter and spirit.