BackLAW
SC upholds EC’s appointment of central government staff as Bengal vote-counting supervisors
The Supreme Court upheld the Election Commission’s prerogative to appoint central government staff as counting supervisors for West Bengal’s vote count, after the Calcutta High Court had dismissed the petition challenging this practice. The Court declined to issue further orders, noting that TMC representatives would be present during counting. The decision aligns with the HC ruling and the EC circular.
Why It Matters
This sustains the Election Commission’s control over the counting process in Bengal and has implications for how counting staff are selected and monitored during elections.
Timeline
2 Events
Supreme Court upholds EC’s counting supervision appointment; allows presence of TMC representatives
May 2, 2026
The Supreme Court bench declined to pass any further order after accepting the ECI's submission that Trinamool Congress representatives will be present during counting. The bench said it hardly matters whether the counting supervisor is a central government officer, as the appointment is the ECI’s subjective satisfaction. It noted that counting agents from every party will be present, and, while the circular implementation was discussed, Kapil Sibal later stated to reporters that the Court would implement the EC circular in letter and spirit, not challenge it.
Calcutta High Court dismisses petition challenging EC counting supervisor appointment
April 30, 2026
The Calcutta High Court dismissed the petition challenging the Election Commission of India's prerogative to appoint counting supervisors and counting assistants for the West Bengal vote count. The court stated that it is the prerogative of the ECI to appoint the counting supervisor and counting assistant, either from the State government or the Central government, and that this arrangement does not contravene regulations.