NEW DELHI: In a special Saturday sitting ahead of the May 4 vote count for the West Bengal Assembly elections, the Supreme Court declined to interfere with the Election Commission of India's (ECI) decision to appoint Central government and Central Public Sector Undertaking (PSU) employees as counting supervisors and assistants, while directing that the poll panel's own circular providing for state government nominees must be followed "in letter and spirit."
A Bench of Justices P.S. Narasimha and Joymalya Bagchi was hearing a plea filed by the All India Trinamool Congress challenging a Calcutta High Court order that had dismissed its petition against the ECI's counting personnel deployment framework.
Recording the assurance given by senior advocate Dama Naidu, appearing for the ECI, the apex court disposed of the Special Leave Petition (SLP) without issuing further directions.
"No further orders are needed in the SLP. We record the submission of Mr Naidu that the circular of ECI be followed in letter and spirit," the Justice Narasimha-led Bench ordered.
Senior advocate Kapil Sibal, appearing for the Trinamool, argued that the ECI's decision to predominantly deploy Central employees for counting supervision cast unwarranted aspersions on the state administration and was contrary to Article 324 of the Constitution as well as the poll panel's own circular.
"This circular is issued to the DEO and we came to know on April 29. On the contrary advance notice is given. They say they have an apprehension that there will be problem in every single booth. There is one central government nominee and now they want one more. Circular says state government nominee is needed but they don't appoint it," Sibal submitted.
At this, Justice Bagchi remarked that the ECI retained discretion under the regulatory framework to appoint either Central or State government officers for counting roles.
"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," Justice Bagchi remarked. (IANS)
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