TMC Approaches Supreme Court Against Central Role in Vote Counting

The Supreme Court of India is set to hear an urgent petition on May 2 filed by the Trinamool Congress (TMC), challenging a recent order related to the West Bengal Assembly election vote-counting process. The plea comes after the Calcutta High Court dismissed the party’s earlier challenge on April 30. At the heart of the dispute is a directive issued by the Election Commission of India on April 13. The order mandates that at least one counting supervisor and assistant at each counting table must be drawn from Central government departments or Central Public Sector Units during the West Bengal elections. TMC has strongly objected to this move, arguing that it creates a risk of bias. A special bench comprising Justices P.S. Narasimha and Joymalya Bagchi is expected to hear the matter just days before the counting of votes scheduled for May 4. The urgency stems from the potential impact of the directive on the fairness of the electoral process. The TMC contends that the High Court erred in rejecting its petition by citing Article 329(b) of the Constitution, which limits judicial interference in election matters. According to the party, this restriction does not prevent courts from reviewing executive actions during elections, especially if such actions are arbitrary or undermine electoral integrity. The petition argues that the April 13 directive is an example of such questionable executive action. One of the central concerns raised by TMC is the exclusive reliance on Central government personnel for key counting roles. The party claims this could lead to a “reasonable apprehension of bias,” given that the Central government is led by its main political rival. It further argues that measures like CCTV surveillance and the presence of micro-observers—cited by the High Court as safeguards—do not adequately address this underlying issue. Additionally, the petition questions why this rule has been applied only in West Bengal and not in other states like Assam, Kerala, or Puducherry, where elections were held simultaneously. TMC believes this selective implementation raises further doubts about fairness and transparency. The Supreme Court’s upcoming hearing is expected to play a crucial role in determining whether the counting process will proceed under the current guidelines or undergo changes to address these concerns.