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WB Polls: Supreme Court Closes TMC Plea as ECI Assures State Nominees at Counting Desks

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In a significant development just 48 hours before the West Bengal Assembly election results, the Supreme Court on Saturday disposed of a petition filed by the Trinamool Congress (TMC). The plea challenged the Election Commission of India’s (ECI) decision to use only Central government employees as vote counting supervisors.

The court chose not to pass a formal stay order after the ECI provided a clear assurance that state government nominees would indeed be part of the process.


Key Highlights of the Hearing

  • ECI’s Assurance: Senior Advocate Dama Sheshadri Naidu, representing the ECI, confirmed that the counting on May 4 will include state government nominees. He stated that the ECI would follow its existing circular in "letter and spirit," which already mandates a mix of personnel.

  • TMC’s Argument: Senior Advocate Kapil Sibal, appearing for the TMC, argued that the exclusion of state employees amounted to "casting aspersions" on the state’s integrity. He highlighted concerns over a last-minute shift toward central oversight, which the party viewed as a lack of trust.

  • Court’s Observation: A special bench of Justices PS Narasimha and Joymalya Bagchi noted that since the ECI committed to its circular, no further intervention was required. Justice Bagchi remarked that with party agents present at every table, the origin of the government employee (State vs. Central) should not fundamentally compromise the process.


The Road to May 4

The legal battle follows a Calcutta High Court ruling that dismissed the TMC’s initial challenge, citing that the ECI has the legal prerogative to choose its counting staff from either the state or central pool.

EventDate
Calcutta HC OrderApril 30, 2026
Supreme Court HearingMay 2, 2026
Official Vote CountingMay 4, 2026

Safety Measures Confirmed

Beyond the personnel dispute, the ECI confirmed that CCTV footage of the counting process and strongrooms will be preserved for 45 days, addressing Sibal’s concerns regarding transparency and potential post-poll litigation.

The counting of votes for the high-stakes West Bengal Assembly elections is set to begin at 8:00 AM this Monday, alongside results from Tamil Nadu, Kerala, Assam, and Puducherry.

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