The Supreme Court of India has ruled that the Election Commission of India’s (ECI) directive to deploy central government and public sector undertaking (PSU) staff as counting supervisors is “not contrary to rules.”
The matter was heard by a special bench comprising Justices PS Narasimha and Joymalya Bagchi, following an urgent appeal filed by the All India Trinamool Congress (TMC).
The TMC had approached the apex court to challenge an earlier decision by the Calcutta High Court, which had dismissed the party’s plea regarding the exclusion of state government employees from counting duties. The bench declined to issue further directions, stating that the ECI’s circular would be implemented in “letter and spirit” to ensure a neutral and transparent counting process scheduled for May 4, 2026.
ECI and Petitioner Arguments
- ECI’s Assurance: The ECI stated that the counting process would involve both central and state personnel as per the rules, noting that returning officers—who retain overarching authority—are state government employees.
- Petitioner’s Stance: Senior Advocate Kapil Sibal, representing the TMC, raised apprehensions about transparency and the exclusion of state-nominated officials.
- Judicial Observation: The bench clarified that the ECI is fully authorized to select counting personnel from central pools and noted that the presence of party agents and central micro-observers would serve as adequate safeguards during the exercise.
