The Election Commission of India (ECI) assured the Supreme Court on Saturday that it will comply with a circular governing appointment of vote counting supervisors for the assembly elections in West Bengal.
Senior Advocate Dama Sheshadri Naidu, appearing for the Election Commission of India, said that the vote counting on May 4 will be done in the presence of State government nominee.
"We are saying that State government nominee will be there. That will be followed even before all this," Naidu said.
A Bench of Justices PS 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 Court recorded Naidu's submission that the ECI 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 ECI be followed in letter and spirit," the Court said in its order.
The matter was urgently heard today since the vote count is scheduled to be held on May 4.
The plea was filed against the order of the Calcutta High Court, which had dismissed the petition on Thursday.
The High Court said 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.
This led to the appeal before the Supreme Court.
Senior Advocate Kapil Sibal, appearing for TMC, contended that not allowing State government officers as vote counting supervisors goes against Article 324 of the Constitution and amounts to casting aspersions on State.
"I have four points. This circular is issued to the DEO and we came to know on April 29. On the contrary advance notice is given. They say they have an apprehension that there will be problem in every single booth. There is one central govt nominee and now they want one more. Circular says state govt nominee is needed but they don't appoint it. Article 324 is not about do what you want and how you like it. Please see the circular itself. Issued by the office of chief electoral officer. It says there has been apprehensions from various quarters.regarding discrepancy etc. They want another central govt nominee. Is this not pointing a finger at the State?" he said.
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.
"See page 72 of their own circular. They cannot do that," Sibal said.
"It has to be read with (1) in page 71," Justice Bagchi responded.
"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," Sibal said.
"So have you written them. You were challenging the circular and now you are saying follow it," Justice Bagchi stated.
Senior Advocate Dama Sheshadri Naidu, appearing for the Election Commission of India, said that the returning officer has the powers to select officers.
"The returning officer has an overarching power who is the state govt employee. If they want to put labels. He selects the officers. These are misplaced apprehensions," he said
"Mr Naidu , Mr Sibal wants strict compliance of the circular," Justice Bagchi said.
"Make sure what is there in the circular is followed," Justice Narasimha weighed in.
"Let CCTV footage be preserved and not destroyed," Sibal said.
"It is kept for 45 days," Naidu replied.
The Court eventually disposed of the appeal after recording the submissions of the ECI counsel.
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