The Supreme Court of India on Saturday upheld the powers of the Election Commission of India (EC) to select officials for vote counting. The court said the EC has the prerogative to choose personnel and does not need further directions. It made this observation while hearing a plea filed by the Trinamool Congress (TMC).
The TMC had challenged an earlier order of the Calcutta High Court, which had supported the EC’s circular on deploying central government staff for vote counting in West Bengal.
Court Says EC Can Choose Its Own Pool
A bench of Justices PS Narasimha and Joymalya Bagchi made it clear that the EC can select staff from one pool if it chooses. The judges said that even if both the counting supervisor and assistant come from the central government, it does not make the circular invalid.
Justice Bagchi explained, “The option is open that the counting supervisor and counting assistant may be of the central government or may be of the state government. So when that option is open we can’t hold that the notification is contrary to regulations."
He added, “They can even say that both of them can be Central…choose only from one pool cannot be said to be incorrect."
TMC Changes Its Stand
After hearing the court’s observations, the TMC shifted its position. Instead of opposing the circular, it asked for its strict implementation. The Election Commission assured the court that it is following the guidelines properly.
EC Explains Deployment System
Appearing for the EC, DS Naidu explained how the deployment is being handled. “We have done the arrangement in such a way that when counting supervisor is central govt then the counting agent is the state govt," he said.
He also clarified that the returning officer, who is a state government official, has the authority to deploy staff from any pool. Following these submissions, the court disposed of the case, stating that no further orders were needed.
Background of the Case
The TMC had earlier challenged the High Court’s decision that allowed the use of central government and public sector employees as counting staff for the May 4 vote-counting process in West Bengal.
TMC Raises Concerns in Court
Senior advocate Kapil Sibal, representing the TMC, raised several objections. First, he said the party learned about the EC’s April 13 notice only on April 29, leaving little time to respond.
Second, he questioned why authorities expected trouble at counting centres. “The second point is that they have an apprehension. That there is going to be trouble in every booth. Where do they get their operation from? This is shocking," he argued.
Third, he pointed out that central officials were already present as micro-observers. “Now why do they want another Central Government officer?" he asked.
Finally, he said the EC’s own rules allow the inclusion of state officials, but claimed that they were not being appointed. “…The circular itself says that you also should have a state government officer but they don’t appoint a state government nominee," he submitted.
BJP Reacts to Court Ruling
The Bharatiya Janata Party (BJP) welcomed the decision. Party spokesperson Pradeep Bhandari called it a setback for the TMC. In a post, he wrote:
“BIG SETBACK FOR TMC! Supreme Court DISMISSES TMC’s plea against ECI decision allowing only Central govt/PSU employees as counting supervisors in West Bengal polls. No further orders deemed necessary; court DECLINES to interfere with EC circular. TMC is losing Bengal; even TMC knows it! (Sic)”
BIG SETBACK FOR TMC!
— Pradeep Bhandari(प्रदीप भंडारी)🇮🇳 (@pradip103) May 2, 2026
Supreme Court DISMISSES TMC’s plea against ECI decision allowing only Central govt/PSU employees as counting supervisors in West Bengal polls.
No further orders deemed necessary; court DECLINES to interfere with EC circular.
TMC is losing Bengal; even TMC…
Elections Context
The West Bengal Assembly elections, which cover 294 seats, were held in two phases on April 23 and April 29. Vote counting is scheduled for May 4.