WB elections: ECI tells Supreme Court State nominee will be present during vote count after TMC challenges exclusion.
The last ditch effort to delay, disturb or influence vote count of Monday, May 4 for West Bengal elections did not work.
A Bench of Justices P S Narasimha and Joymalya Bagchi was hearing a plea by the All India Trinamool Congress (TMC) against the Chief Electoral Officer's decision to deploy only Central government employees as vote counting supervisors for the assembly elections in West Bengal.
The apex Court recorded EC counsel Dama Sheshadri Naidu's submission that the EC will follow its circular in letter and spirit. Hence, it declined to pass any orders on the appeal filed by TMC against a Calcutta High Court order.
"No further orders are needed in the SLP. We record the submission of Mr Naidu that the circular of EC be followed in letter and spirit," the Bench said.
The Calcutta High Court said on Friday (May 1) that it is the prerogative of the Election Commission of India (ECI) to appoint the counting supervisor and counting assistant either from the State government or the Central government.
"This Court does not find any illegality for appointing counting supervisor and counting assistant from the Central Government/Central PSU employee instead of State Government employee," the High Court said.
It further stated that the TMC can later file elections petitions to challenge the results in case they find the central government employees favouring BJP candidates.
Justice Bagchi said that counting will be in the presence of every party's election agents.
"It hardly matters if he is central govt nominee or not.
"It is to subjective satisfaction of ECI. Your counting agents will be there and so as others. Then counting assistant, counting supervisor and micro-observer who is a Central government officer.
"We cannot hold that this notification is contrary to the regulation since one is a central government officer but the others are not said that they cannot be central government employee.
To choose wholly from one pool cannot be said to be incorrect," Justice Bagchi maintained.
"What is this proportionate representation concept. All of them are employees of the government," Justice Narasimha said.
"But the State government nominee has not been appointed," TMC counsel Kapil Sibal said.
"So have you written them. You were challenging the circular and now you are saying follow it," Justice Bagchi stated.
ends
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