Supreme Court's Ruling on Counting Staff Deployment in West Bengal Welcomed by BJP and TMC

Supreme Court's Decision on Election Counting in West Bengal

Both the Bharatiya Janata Party (BJP) and the Trinamool Congress (TMC) expressed their approval on Saturday regarding the Supreme Court's directives concerning the deployment of central government employees for vote counting in West Bengal. The Supreme Court stated that there is no need for further orders on the TMC's petition challenging the Election Commission's circular regarding this matter.

The TMC's petition contested the Calcutta High Court's decision to dismiss their earlier plea. A BJP leader took to social media to comment, stating, 'The Supreme Court has once again denied intervention, delivering a legal blow to the TMC. They approached the court to challenge the exclusion of state government employees from the responsibilities of counting observers and sought immediate hearings.'

He further remarked, 'The refusal to hear this petition sends a clear message that any attempts to undermine or cast doubt on the integrity of the counting process will not be legitimized. Another judicial defeat for Mamata Banerjee.' However, the TMC asserted that the Supreme Court's directives validated their stance.

In a statement, the party noted, 'The issue raised before the Supreme Court pertained to the implementation of the circular, which stipulated that only employees from the central government or central public enterprises would be appointed as counting observers and assistants.' The TMC argued that such an interpretation and implementation of the circular contradict the fundamental framework of a fair and balanced counting process.

The statement continued, 'After hearing both parties, the court directed that the section related to the appointment of counting observers and assistants in the circular dated April 13, 2026, should be read in conjunction with the key provision on the second page of the same circular, which mentions the random selection of employees from both state and central governments.'

It was also noted, 'The court recorded the assurance from senior advocate Dama Sheshadri Naidu, representing the Election Commission of India, that the circular would be strictly adhered to.' The TMC expressed hope that these directives would ensure a fair, transparent, and balanced counting process.

The special bench, comprising Justices P.S. Narasimha and Joymalya Bagchi, stated that the Election Commission (EC) has the authority to select counting personnel and that the circular from April 13 cannot be deemed incorrect. The Election Commission clarified that the circular explicitly states that employees from both central and state governments will work together, dismissing any concerns raised by the TMC as unfounded.

The Election Commission assured the court that the circular would be strictly followed. Senior advocate Kapil Sibal, representing the TMC, initially mentioned that the circular was dated April 13, but they only received information about it on April 29. During the hearing, the bench reiterated that the Election Commission can only select counting personnel from one group, namely the central government, and thus the circular cannot be deemed incorrect.