Calcutta HC Upholds EC Decisions on Bengal Poll Counting | TMC Pleas Rejected

Kolkata, West Bengal – The Calcutta High Court on Thursday dismissed petitions filed by the Trinamool Congress (TMC) challenging the Election Commission of India’s (ECI) decisions regarding vote counting personnel and counting venues for the ongoing West Bengal Assembly elections. The court found no illegality in the ECI’s directive to deploy central government employees for vote counting and upheld the Commission’s authority to determine the counting process.

Justice Krishna Rao delivered the ruling, dismissing the TMC’s challenge to the April 30 communication from the Additional Chief Electoral Officer of West Bengal. This communication stipulated that at least one counting supervisor or assistant at each table should be a central government or Public Sector Undertaking (PSU) employee.

TMC’s Objections Dismissed

The TMC argued that the ECI’s directive was issued without jurisdiction and was based on unfounded apprehension. Kalyan Banerjee, representing the TMC, contended that the communication lacked a legal basis. However, Justice Rao ruled that the ECI possesses the prerogative to appoint counting supervisors and assistants from either state or central government employees.

“It is the prerogative of the office of the EC to appoint the counting supervisor and counting assistant either from the state government or the central government,”

Justice Krishna Rao

The court specifically rejected allegations that central government employees would be controlled by the Bharatiya Janata Party (BJP), dismissing the TMC’s concerns about potential bias in the counting process.

ECI Authority Upheld

The ruling reinforces the ECI’s authority in managing the electoral process, including the appointment of personnel for vote counting. The ECI had issued the directive amidst concerns about maintaining the integrity and fairness of the election, particularly given reports of alleged irregularities and violence during the polling phases. Polling for the 294-member assembly was held in two phases on April 23 and April 29, with counting scheduled for May 4.

This decision follows a similar ruling earlier in the day where the Calcutta High Court refused to interfere with the counting process, emphasizing the need to avoid judicial intervention during an ongoing election.

Context of Recent Restrictions

The ECI has implemented several measures in recent weeks aimed at ensuring a free and fair election in West Bengal. These include restrictions on bike rallies in the days leading up to the polls, a move that was also challenged in court. The High Court had previously criticized the ECI over these restrictions, questioning the basis for limiting the movement of motorcycles and seeking data on bike-related election violence. The ECI was asked to file an affidavit explaining the necessity of these restrictions.

The court had questioned why the ECI didn’t declare an emergency if it felt such drastic measures were necessary, suggesting that the restrictions implied a failure of the existing security apparatus. Justice Rao had also pointed out the potential for disruption even without motorcycles, noting that individuals could still cause trouble using other means.

These rulings come as West Bengal faces a major electoral controversy, with nearly 27 lakh voters at risk of being unable to cast their ballots due to pending appeals against the deletion of their names from the voter list. The Supreme Court has rejected pleas seeking the inclusion of these names.