'EC can choose counting personnel, no further order needed': Supreme Court on TMC plea against EC order on vote counting

New Delhi: The Supreme Court on Saturday said no further order was necessary on the TMC's plea challenging the Calcutta High Court's dismissal of its petition against an Election Commission circular on the deployment of central government personnel for vote counting in West Bengal.

A special bench of Justices P S Narasimha and Joymalya Bagchi said the Election Commission (EC) can choose counting personnel and its April 13 circular cannot be said to be incorrect.

The poll body said the circular is very clear that there will be a mix of central and state government employees and the apprehension of the Trinamool Congress (TMC) of any wrongdoing is misplaced.

The EC assured the court that the circular would be implemented in letter and spirit.

At the outset, senior advocate Kapil Sibal, appearing for the TMC, said the circular was dated April 13, but they came to know about it on April 29.

The bench, which held a special sitting, said that the EC can choose counting personnel from only one pool, that is from the central government, and its circular cannot be said to be incorrect.

Senior advocate D S Naidu, appearing for the EC, submitted that the returning officer is a state government employee with overarching power to deploy personnel from any pool of government employees.

Sibal then said that he wants the circular to be implemented as it is.

Justice Bagchi asked that if he wants compliance of the circular, then why is the TMC before the court.

The bench then disposed of the plea, saying no further order is necessary.

Polling for the 294-member West Bengal Assembly was held in two phases -- April 23 and April 29. The counting of votes will be taken up on May 4.

On April 30, the Calcutta High Court dismissed the TMC's petition against the EC circular, saying there was no illegality in the poll panel's decision to appoint counting supervisors and assistants from central government and Public Sector Undertaking (PSU) employees, instead of the state government staff.