Trinamool Congress Moves Supreme Court Against ECI Appointing Central Employees As Counting Supervisors For Bengal Elections

The All India Trinamool Congress has approached the Supreme Court challenging the appointment of Central Government and Central PSU employees and the exclusion of State government employees as counting supervisors and assistants for the West Bengal Assembly elections, 2026.

AITC has challenged yesterday's order of the Calcutta High Court dismissing an interlocutory application filed by the party against the exclusion of State government and State PSU employees from such roles.

The party is seeking an urgent hearing tomorrow, as the counting is scheduled on May 4. A bench comprising Justice PS Narasimha and Justice Joymalya Bagchi will hear the matter tomorrow in a special sitting. The petition has been filed through Advocate on Record Sanchit Garga.

The High Court found no illegality in appointing Central Government or Central PSU employees instead of State personnel, holding that the decision falls within the prerogative of the Election Commission of India. The Court.

Before the High Court, AITC had challenged a communication issued by the Additional Chief Electoral Officer, West Bengal, which stated that at least one among the counting supervisor and counting assistant at each counting table shall be a Central Government or Central PSU employee.

AITC challenged this, arguing that the Additional CEO lacked jurisdiction as such a direction could be passed only by the ECI. It further contended that the direction deviated from the ECI's handbook, which does not mandate Central Government personnel for these roles.

It was also contended that while micro-observers are required to be Central Government or PSU employees, extending this requirement to counting supervisors and assistants was arbitrary and unique to West Bengal.

AITC further alleged the possibility of bias, stating that since the Central Government is controlled by a political party, Central employees may be susceptible to influence, thereby affecting the level playing field.

The High Court rejected AITC's plea, observing that the ECI's handbook permits appointment of counting staff from either Central or State Government services and held that it is for the authorities to decide the source of such appointments.

Rejecting the allegation of bias, the High Court noted that multiple safeguards exist in the counting process, including micro-observers, counting agents of candidates and CCTV surveillance, and stated that the apprehensions raised were not substantiated.

On the issue of jurisdiction, the Court held that the Election Commission's functions can be delegated and the Additional CEO was competent to issue the communication.

The High Court observed that any grievance regarding the counting process can be raised in an election petition, and emphasised the principle of judicial restraint during an ongoing electoral process.

On maintainability, the High Court referred to an earlier round of litigation where similar challenges to orders passed during the election process had been dismissed. The Court noted that the said decision was challenged before the Supreme Court and the SLP was dismissed with the question of law kept open. In view of this, the Court held that it cannot adjudicate the same question of law and that it is for the Supreme Court to decide the issue when the occasion arises.

Holding that mere apprehension of bias cannot justify interference, the High Court dismissed the writ petition. AITC has now challenged this decision before the Supreme Court.

Case no. – Diary No. - 26799/2026

Case Title – All India Trinamool Congress v. Election Commission of India