The All India Trinamool Congress (AITC) has moved the Supreme Court to challenge the appointment of Central Government and Central PSU employees as counting supervisors and assistants for the 2026 West Bengal Assembly elections. The party is specifically contesting the exclusion of State government employees from these critical roles.
Legal Challenge Against High Court Ruling
The petition follows a recent order from the Calcutta High Court, which dismissed an interlocutory application filed by the AITC. The High Court previously found no illegality in the decision to prioritize Central personnel over State staff.
AITC argues that the direction to ensure at least one Central Government or Central PSU employee is present as a supervisor or assistant at every counting table was arbitrary. The party claims this requirement is unique to West Bengal and deviates from the Election Commission of India (ECI) handbook.
Concerns Over Neutrality and Jurisdiction
In its arguments, the AITC alleged a potential for bias, stating that Central employees may be susceptible to influence because the Central Government is controlled by a political party. The party contends this could negatively impact the level playing field.
the AITC challenged the jurisdiction of the Additional Chief Electoral Officer of West Bengal. The party asserted that such directions could only be passed by the ECI, not by a delegated officer.
Urgent Supreme Court Hearing
With counting scheduled for May 4, the AITC is seeking an urgent hearing. A special sitting will be held tomorrow before a bench comprising Justice PS Narasimha and Justice Joymalya Bagchi.
The petition, filed under Case no. Diary No. 26799/2026, was submitted through Advocate on Record Sanchit Garga. The matter remains critical as the court decides whether to interfere with the established counting arrangements.
High Court’s Stance on Judicial Restraint
The Calcutta High Court had previously emphasized the principle of judicial restraint during an ongoing electoral process. It suggested that any grievances regarding the counting process should be raised through an election petition.
Regarding maintainability, the High Court noted that a similar challenge had been dismissed by the Supreme Court in earlier litigation, though the question of law was kept open. This left the final adjudication of the issue to the Supreme Court.
Frequently Asked Questions
Why did the AITC approach the Supreme Court?
The AITC is challenging the appointment of Central Government and Central PSU employees as counting supervisors and assistants, and the corresponding exclusion of State government employees, for the 2026 West Bengal Assembly elections.
What was the Calcutta High Court’s reasoning for dismissing the plea?
The High Court ruled that the ECI’s handbook allows for the appointment of staff from either Central or State services, making the decision a prerogative of the authorities. It similarly stated that safeguards like CCTV and micro-observers create the apprehension of bias unsubstantiated.
When is the counting scheduled and when will the court hear the case?
The counting is scheduled for May 4. The Supreme Court is set to hear the matter tomorrow in a special sitting.
Do you believe the use of central personnel in state elections ensures more neutrality, or does it create undue political influence?
