SC closes TMC plea challenging appointment of central govt employees as counting officers in Bengal polls

New Delhi: The Supreme Court of India on Saturday closed a plea filed by the All India Trinamool Congress challenging the appointment of Central government employees in the counting process for the West Bengal Assembly elections, 2026.

“No further orders are necessary except to reiterate the statement… that the circular dated April 13, 2026 will be implemented in letter and spirit,” a special bench of Justice PS Narasimha and Justice Joymalya Bagchi observed. The hearing was held urgently ahead of vote counting scheduled to begin at 8 am on May 4.

The TMC had challenged the EC’s decision to appoint Central government and public sector undertaking (PSU) employees as counting supervisors and assistants in West Bengal, arguing that it could lead to bias. Appearing for the party, senior advocate Kapil Sibal raised concerns over the timing and intent of the circular, stating it was issued on April 13 but came to light only on April 29. He argued that the EC’s move suggested a lack of trust in the state machinery and questioned the absence of data supporting apprehensions of irregularities.

Sibal also pointed out that the circular provided for a state government nominee at counting tables, which had not been implemented. “All we want is that, as per the circular, a state government nominee should be present,” he submitted.

However, the bench observed that the rules allow flexibility in appointing either Central or state government officials as counting supervisors and assistants. Justice Bagchi noted that even if both positions were filled by Central government officials, it would not violate existing regulations.

Senior advocate Dama Seshadri Naidu, appearing for the EC, said the returning officer, who belongs to the state cadre, has overarching authority over the counting process. He added that candidates would also have their own counting agents, calling concerns over bias “misplaced”. The court ultimately declined to interfere with the EC’s decision, while emphasising adherence to the existing circular.

What the TMC petition argued
The TMC had approached the apex court against an order of the Calcutta High Court, which dismissed its plea challenging a communication issued by the Additional Chief Electoral Officer, West Bengal.

The communication stated that at least one among the counting supervisor and counting assistant at each table should be a Central government or PSU employee, citing concerns over possible irregularities and the need to ensure transparency.

The TMC argued that this created a reasonable apprehension of bias, noting that the Central government is run by its political rival, the BJP. It also contended that existing safeguards, including micro-observers and CCTV surveillance, were sufficient.

The party further alleged that the directive was arbitrary and violated Article 14, pointing out that similar provisions were not applied in other states such as Kerala, Assam and Puducherry.

The petition also questioned the Additional Chief Electoral Officer's authority to issue the communication and argued that no consultation with political parties was held before the decision.

Additionally, the TMC sought directions to ensure representation of both Central and state government officials at each counting table and called for preservation of CCTV footage from counting centres.

Polling for the West Bengal Assembly elections was held in two phases on April 23 and April 29. Counting of votes is scheduled for May 4.
(With LiveLaw inputs.)