Supreme Court Dismisses TMC Plea Against Election Commission Counting Personnel Policy

Refuting the allegation of Trinamool Congress that only central government employees would be deployed as counting supervisors and assistants, the Election Commission on Saturday told the Supreme Court that one central government and one state government employee would be assigned to the two posts to maintain balance. This explanation convinced the court that there was no need for judicial interference in the counting process scheduled for May 4.

In a special hearing, a bench of Justices P S Narasimha and Joymalya Bagchi dismissed the TMC’s petition, which alleged that allowing only central government employees at the counting tables would undermine the neutrality of the process. The bench stated that the Election Commission can choose the counting personnel as per its April 13 circular.

Senior advocate Dama Seshadri Naidu, appearing for the Election Commission, argued that the party's apprehension was misplaced. He explained that if a central government employee is appointed as a counting supervisor, the counting assistant would be a state government employee, or vice-versa, a pattern followed in previous elections.

Senior advocate Kapil Sibal, appearing for the TMC, stated that the party was agreeable to the involvement of both central and state employees, provided it is followed in true spirit.

The court concluded the controversy with a brief order: “No further orders are necessary in this case except to record the statement of Mr Dama Seshadri Naidu that the Election Commission will implement the circular dated 13th April, 2026 in true letter and spirit. With these clarifications, the special leave petition stands dismissed.”

The TMC had challenged the additional chief electoral officer’s decision mandating that at least one person among the counting supervisor and counting assistant at each table be a central government or PSU employee. The petition alleged the decision was arbitrary and created a reasonable apprehension of bias, given that the BJP is the ruling party at the Centre.