Before the counting of votes for West Bengal Assembly elections, TMC has received a big blow from the Supreme Court. Trinamool Congress had moved the Supreme Court against the Election Commission’s direction to deploy mainly central government and PSU employees for counting of votes. To resolve this important issue, the Supreme Court heard TMC’s petition today. The Supreme Court has clearly refused to pass any new order on the dispute. In fact, the Election Commission has assured the court that it will fully comply with its April 13 circular.
According to Trinamool Congress, this circular also has a provision for deployment of central government employees as well as state government employees in the vote counting process. Following this statement by the Election Commission’s counsel, the Supreme Court only reiterated that the challenged circular will be implemented and declined to pass any further orders in the matter. It also said that the Election Commission has full powers to appoint.
It does not matter whether the officer is from the Centre- Supreme Court’s comment
During the hearing, Justice Bagchi also said that election agents of every political party will be present there during the counting of votes. Therefore, it does not make much difference whether the observer is a nominated officer of the Central Government or not. The court clarified that the deployment of officers entirely depends on the Election Commission’s own satisfaction, as agents of all parties will be present there.
What is the whole matter?
This entire matter is related to the appointment of employees counting votes. The Election Commission had directed that central employees will be made counting supervisors for counting of votes in Bengal. TMC is opposing this decision. He believes that state government employees should also be equally included in this process. TMC had filed an application to challenge this order, which was heard by the bench of Justice Narasimha and Justice Joymalya Bagchi.
What did the judges of the Supreme Court clarify about the rules?
- During the hearing of the case, Justice Joymalya Bagchi clarified the situation regarding the rules.
- He said that the option is completely open in the rules that counting supervisors and counting assistants can be from the central government as well as the state government.
- The court said that when this option is open, then we cannot say at all that this notification of the Election Commission is against the rules.
- Justice Bagchi also clarified that the Election Commission has the right to say that both the officers will be from the Central Government.
What argument did Kapil Sibal give in the court?
- Senior advocate Kapil Sibal, appearing for TMC, raised questions on the Election Commission’s circular.
- Sibal argued in the court that the Election Commission’s circular itself does not clearly say that only central employees will be there.
- TMC argues that this step of the Election Commission has been deliberately taken to keep state government employees away from the count.
What response did the Supreme Court give to TMC’s arguments?
Justice Bagchi immediately presented his stand on the arguments of lawyer Sibal. He said that even if the Election Commission had said so, we would not have faulted them for this. The main reason for this is that the rules clearly say that officials of the Central Government or State Government can be appointed for the counting.
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