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EC circular not contrary to rules: SC setback for TMC before Bengal results
SC said that the Election Commission’s circular on deploying central government staff as counting supervisors is “not contrary to rules,”
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The Supreme Court on Saturday told the Trinamool Congress (TMC) representative that the Election Commission of India’s circular on deploying central government staff as counting supervisors is “not contrary to rules”.
The apex court's observation came while hearing the Trinamool Congress’ plea challenging the Election Commission’s directive to deploy central government and PSU employees as counting personnel for the West Bengal polls, reported news agency PTI. Track West Bengal election 2026 live updates.
A bench of Justices PS Narasimha and Joymalya Bagchi underscored that the ECI is within its limits to select counting personnel, noting that “the ECI can choose counting personnel from only one pool (central government)” and that the circular “cannot be said to be incorrect.”
What the SC bench observed
Justice Narasimha questioned the petitioner’s reliance on “proportionate representation,” observing that all counting personnel, irrespective of category, are ultimately government employees.
In response, Senior Advocate Kapil Sibal, appearing for the TMC, argued that the core issue was the non-appointment of State government nominees despite the circular itself providing for their inclusion.
However, the bench reassured the petitioner that party agents would remain part of the process, observing that “TMC representative will be there during counting of votes,” PTI report added.
The top court declined to pass any further directions in the matter, stating it would only “reiterate the statement submitted by the ECI’s counsel that the circular in challenge would be implemented,” news agency ANI reported.
Justice Bagchi further pointed to what he saw as a contradiction in the petitioner’s stance, remarking that the party appeared to be taking inconsistent positions by challenging the circular while simultaneously seeking its implementation.
Notably, while CM Mamata Banerjee's party had originally challenged the circular in its petition, during the hearing, according to ANI, it only sought strict adherence to the same directive.
ECI's arguements
During the proceedings, the poll body told the court that its April 13 circular on the deployment of central staff would be implemented “in letter and spirit.” As argued by the TMC, the circular also provides for the inclusion of state government employees alongside central government staff in the vote counting process.
The Election Commission also sought to allay concerns raised by the Trinamool Congress over the counting process, telling the court that the returning officer – who is a state government employee – retains overarching authority. It argued that, in this context, “TMC’s apprehensions are misplaced”.
