SC backs EC’s counting staff directive, says central staff deployment for Bengal count is within rules

The Supreme Court of India on Saturday backed the Election Commission of India’s decision to deploy central government employees as counting supervisors for the West Bengal Assembly Election 2026, telling the All India Trinamool Congress that the poll panel’s circular was “not contrary to rules”.

The observation came during the hearing of TMC’s petition challenging the EC’s directive to appoint central government and PSU employees as counting personnel.

Court says EC acted within its authority

A bench comprising Justices PS Narasimha and Joymalya Bagchi said the Election Commission was well within its powers to determine the pool of counting personnel.

The bench noted that the poll body was entitled to choose counting supervisors exclusively from central government staff if it deemed fit, adding that the circular could not be considered legally flawed.

Justice Narasimha also questioned TMC’s argument for “proportionate representation,” pointing out that all counting personnel — whether from central or state services — are government employees.

TMC pushes for inclusion of state nominees

Senior advocate Kapil Sibal, appearing for the TMC, argued that the party’s concern was not the circular itself but the alleged failure to appoint state government nominees despite the directive allowing for their inclusion.

During the hearing, the court noted that the party appeared to be taking contradictory positions by challenging the circular while simultaneously demanding its strict implementation.

No further directions from top court

The Supreme Court declined to issue any additional orders, choosing instead to record the Election Commission’s assurance that the April 13 circular would be implemented fully.

The bench also sought to address TMC’s concerns over transparency, observing that party representatives would be present during the counting process.

EC dismisses apprehensions

The Election Commission told the court that the counting exercise would remain under the supervision of returning officers, who are state government officials.

It argued that this ensured sufficient oversight and rendered TMC’s concerns misplaced.

The ruling comes amid heightened political tensions ahead of vote counting in West Bengal, where counting arrangements have become a major flashpoint between the ruling TMC and opposition parties.