New Delhi. Just before the counting of votes for the West Bengal Assembly elections, Trinamool Congress (TMC) has received a big blow from the Supreme Court. Counting for the 294-seat assembly is to be held on May 4, but before that, on the controversy over the deployment of central employees at the counting centres, the court made it clear that there is no violation of rules in this. In fact, TMC had challenged in the Supreme Court the decision of the Calcutta High Court, which had upheld the Election Commission’s directive that at least one employee from the supervisor or assistant on every counting table should be from the Central Government or Public Sector Unit (PSU). The Election Commission had issued this instruction on April 30.
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The Supreme Court bench said during the hearing that the appointment of central government employees in the counting process cannot be considered against the rules. The court clearly said that there is no need for any new order in this case. The court also took on record the report filed by the Election Commission, in which the Commission assured that the concerned circular will be implemented in full spirit and as per the rules. During the hearing, senior advocate Kapil Sibal, appearing for TMC, raised questions on the impartiality of the Election Commission. He said that the Commission was not sharing information about the meetings and also objected to the requirement of a central employee at every table. Sibal said that representatives of the central government are already present as micro observers, then why is there a need for additional central employees.
He also argued that as per the rules, nominated employees of the state government should also have a role, but the Election Commission is making appointments as per its convenience. However, the court said on their arguments that it is clear in the rules that the counting supervisor and assistant can be appointed from any pool – state or centre, hence it cannot be called wrong. Later, TMC softened its stance a bit and said that their only demand is that at every table there should be at least one employee from the state government.
Earlier, the Calcutta High Court had also made it clear that the appointment of counting staff completely falls under the jurisdiction of the Election Commission and there is no illegality in it. The court had also said that the allegations of political influence on central employees are mere apprehensions, in support of which no concrete evidence was given. Now after the stance of the Supreme Court, it is clear that the counting of votes will be done only as per the rules set by the Election Commission, and TMC has not got any major relief in this matter at present.
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