Supreme Court hears TMC plea against exclusion of State employees from vote count supervisor duty: LIVE UPDATES

The Supreme Court is hearing a plea by the Trinamool Congress Party (TMC) challenging the Chief Electoral Officer's decision to deploy only Central government employees as vote-counting supervisors for the assembly elections in West Bengal.

A Bench of Justices PS Narasimha and Joymalya Bagchi is hearing the matter. The plea was listed on an urgent basis since the vote count is scheduled for May 4, Monday.

The plea has been filed against an order of the Calcutta High Court, which had dismissed the TMC's 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 top court.

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Bench assembles

Senior Advocate Kapil Sibal in court along with Senior Advocate Meenakshi Arora

Senior Advocate Kapil Sibal: 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 a problem in every single booth. There is one central government nominee, and now they want one more.

The circular says the state government nominee is needed, but they don't appoint one. Article 324 is not about do what you want and how you like it..

Sibal: Please see the circular itself. Issued by the office of the Chief Electoral Officer, it says there have been apprehensions from various quarters regarding discrepancies, etc. They want another central government nominee. Is this not pointing a finger at the state?

Justice Bagchi: It hardly matters if he is a central government nominee or not. It is to ECI's subjective satisfaction. Your counting agents will be there and so as others...

Sibal: As well as election agents

Justice Bagchi: Then, the counting assistant, the counting supervisor and the microobserver, who is a central government officer. We cannot hold that this notification is contrary to the regulation since one is a central govt officer.. but the others are not said that they cannot be central govt employee.

Justice Bagchi: To choose wholly from one pool cannot be said to be incorrect.

Sibal: You cannot do that.

Justice Bagchi: Why not ?

Sibal: See page 72 of their own circular. They cannot do that

Justice Bagchi: It has to be read with (1) in page 71.

Justice PS Narasimha: What is this proportionate representation concept. All of them are employees of the government.

Sibal: But the state govt nominee has not been appointed.

Justice Bagchi: So have you written them... You were challenging the circular... and now you are saying follow it.

Senior Advocate DS Naidu (for ECI): 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

Justice Bagchi: Mr Naidu , Mr Sibal wants strict compliance of the circular.

Justice Narasimha: Make sure what is there in the circular is followed.

Sibal: Let CCTV footage be preserved and not destroyed.

Naidu: It is kept for 45 days.

Senior Advocate Naidu: We are saying that state government nominee will be there. That will be followed even before all this.

Justice Narasimha: 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.

Senior Advocate Naidu: Hopefully all of this comes to an end on Monday. (smiles)