SC denies TMC’s plea over counting supervisors; A setback for Mamata Banerjee ahead of Bengal poll results

New Delhi: The Trinamool Congress (TMC) faced a setback on Saturday after the Supreme Court refused to intervene in the Election Commission of India's (ECI) decision to appoint only central government and Public Sector Undertaking (PSU) employees as counting supervisors for the upcoming West Bengal elections. The court dismissed the TMC's challenge, which had sought the inclusion of state government nominees for the role, citing concerns about potential bias from central government employees.

On Friday, the TMC had approached the Supreme Court, arguing that the exclusion of state-appointed officials could create an uneven playing field during the counting process on May 4. The party feared that central government employees, being under the control of the ruling party at the Centre, might be influenced, compromising the integrity of the vote count.

A special bench of Justices PS Narasimha and Joymalya Bagchi ruled that the Election Commission has the authority to decide its own officers for election duties and stated that the circular appointing central government employees could not be challenged on these grounds. "All these employees, in the exercise of their duty, are under the control of the Election Commission. Therefore, whether they are from the state or the central government does not matter," the court said.

The TMC had specifically referenced Article 324 of the Constitution, which grants the Election Commission the responsibility for the superintendence, direction, and control of elections. Kapil Sibal, representing the TMC, argued that the Centre's decision to restrict state government employees could potentially lead to irregularities. "Article 324 is not a blank check for the Centre to wield as it pleases," Sibal stated.

In response, the Election Commission explained that the arrangement was reciprocal: if a central government official serves as a counting supervisor, a state government employee would be appointed as an assistant, ensuring a state presence at every counting table.

Despite the setback, the TMC later adjusted its stance, acknowledging the court’s ruling and calling for the full implementation of the Election Commission’s circular.

Political Tensions Escalate in West Bengal

The TMC's legal challenge came amid rising political tensions as the second phase of polling unfolded on April 29. Both the TMC and the Bharatiya Janata Party (BJP) traded allegations of violence and intimidation. Several constituencies witnessed clashes between rival supporters, while an increased security presence stirred criticism from the ruling party.

The situation intensified when Uttar Pradesh police officer Ajay Pal Sharma, known for his tough stance on law and order, was accused by the TMC of intimidating party workers. Sharma had issued stern warnings to a TMC candidate against obstructing polling or challenging security personnel. The BJP defended the heavy security, asserting it was necessary for ensuring free and fair voting.

The tension further escalated when TMC leader Abhishek Banerjee alleged that central forces had caused the death of an elderly man in Howrah while he was being escorted to a polling booth. The Election Commission has yet to respond to the claim.

TMC's False EVM Manipulation Allegations

As the second phase of polling ended, Mamata Banerjee, the TMC supremo, ignited a storm of controversy over alleged EVM tampering. The TMC accused the Election Commission of manipulation after it noticed suspicious movements at the Khudiram Anushilan Kendra in Kolkata, where Electronic Voting Machines (EVMs) from seven North Kolkata Assembly seats were stored.

TMC supporters gathered in large numbers, with reports suggesting that Mamata Banerjee herself was en route to the strongroom. However, Banerjee ultimately headed to a different location, the Sakhawat Memorial School strongroom in South Kolkata, where she stayed for several hours before emerging just after midnight.

After the Election Commission clarified that no tampering had occurred, the TMC's allegations were debunked, and the high-drama over EVM manipulation fizzled out.