New Delhi: The Supreme Court of India has declined to pass any orders on a plea filed by the All India Trinamool Congress, challenging the Chief Electoral Officer’s decision to deploy only Central government employees as vote counting supervisors for the West Bengal Assembly elections, after the Election Commission of India assured the Court that its circular governing the appointment of counting supervisors would be followed in letter and spirit.
A bench comprising Justice P.S. Narasimha and Justice Joymalya Bagchi heard the matter on 02.05.2026 on an urgent basis, given that the vote count was scheduled for 04.05.2026.
The TMC had challenged, before the Calcutta High Court, the decision of the Chief Electoral Officer to appoint only Central government or Central PSU employees as counting supervisors and counting assistants at counting tables for the West Bengal Assembly elections. The High Court dismissed the petition, holding that it is the prerogative of the Election Commission of India to appoint counting supervisors and counting assistants from either the State government or the Central government, and that no illegality was made out in appointing such personnel from the Central government or Central PSUs. The High Court further observed that the TMC could file election petitions to challenge the results if Central government employees were found to have favoured any particular party. This led to the present appeal before the Supreme Court.
Senior Advocate Kapil Sibal, appearing for the TMC, contended that not allowing State government officers to act as vote counting supervisors was contrary to Article 324 of the Constitution and amounted to casting aspersions on the State. He urged the Court to ensure strict compliance with the Election Commission’s own circular, which he submitted required the presence of a State government nominee.
Senior Advocate Dama Sheshadri Naidu, appearing for the Election Commission of India, assured the Court that the vote counting on 04.05.2026 would be conducted in the presence of a State government nominee and that the ECI’s circular would be followed in letter and spirit. He further submitted that the Returning Officer, who is a State government employee, holds overarching powers to select officers for counting duties.
Recording the submission of the ECI’s counsel that the circular would be followed in letter and spirit, the Court declined to pass any further orders on the appeal and disposed of the matter.
“No further orders are needed in the SLP. We record the submission of Mr. Naidu that the circular of the ECI be followed in letter and spirit,” the Court stated in its order.
Case Details
- Case Title: All India Trinamool Congress v. Election Commission of India (and connected matters)
- Court: Supreme Court of India
- Bench: Justice P.S. Narasimha and Justice Joymalya Bagchi
- Date of Order: 02.05.2026
- Appearances:
For the Petitioner (TMC): Senior Advocate Kapil Sibal
For the Respondent (ECI): Senior Advocate Dama Sheshadri Naidu
