The Supreme Court on Saturday told a Trinamool Congress (TMC) representative that the Election Commission of India’s circular on posting central government employees as account supervisors “is not against the rules”.
The Supreme Court’s observation came while hearing the Trinamool Congress’ plea challenging the Election Commission’s directions to deploy Central government and PSU employees as personnel to count assembly polls in West Bengal, news agency PTI reported. path West Bengal Election 2026 Live Updates.
A bench of Justices B S Narasimha and Joymalia Bagchi stressed that the Election Commission of India was within its limits in selecting counting officers, stating that “the Election Commission of India can select counting officers from only one group (the central government)” and that the circular “cannot be said to be incorrect.”
What the SC bench noted
Justice Narasimha questioned the petitioner’s reliance on “proportionate representation”, observing that all counting officers, regardless of category, are ultimately government employees.
In response, senior advocate Kapil Sibal, representing the TMC, said the core issue was non-appointment of state government candidates even though the circular itself stipulates their inclusion.
However, the bench assured the petitioner that party agents would remain part of the process, observing that “the TMC representative will be there during the counting of votes,” the PTI report added.
The Supreme Court refused to pass any further directions on the matter, saying it would “only reiterate the statement made by the Election Commission of India’s counsel that the impugned circular will be implemented,” news agency ANI reported.
Justice Bagchi also pointed out what he saw as a contradiction in the petitioner’s position, noting that the party appeared to be taking inconsistent positions by challenging the circular while at the same time seeking to implement it.
Notably, while CM Mamata Banerjee’s party had originally challenged the circular in his petition, during the hearing, according to ANI, he only sought strict adherence to the same.
ECI arguments
During the proceedings, the poll body told the court that its April 13 circular on deployment of central staff would be implemented “in letter and spirit”. As argued by the TMC, the circular also stipulates that state government employees will be included alongside central government employees in the vote counting process.
The Election Commission also sought to allay concerns raised by the Trinamool Congress over the counting process, telling the court that the returning officer – an employee of the state government – retains overall power. She said that in this context, “the Transitional Military Council’s concerns are misplaced.”
