Supreme Court Dismisses TMC's Plea Against Central Govt Counting Officers In West Bengal Elections

The Supreme Court today dismissed the Trinamool Congress's plea challenging the Election Commission of India's (ECI) decision to allegedly appoint only Central government employees and PSU staff as counting day supervisors for West Bengal Assembly Elections, 2026.

A special bench was formed yesterday to take up the issue urgently today, i.e., Saturday for hearing. Since the next working day of the Supreme Court is Monday, which is the counting day in West Bengal, the TMC had sought an urgent hearing on Saturday

Justice PS Narasimha and Justice Joymalya Bagchi heard submissions from Senior Advocate Kapil Sibal for TMC and Senior Advocate DS Naidu, appearing for ECI.

"No further orders are required. We record the submissions of Mr. Naidu that the ECI circular will be followed in letter and spirit," Justice Narasimha recorded in the order while dismissing the petition.

Chief Minister Mamata Banerjee-led TMC moved the Supreme Court challenging the poll body's decision a day after the Calcutta High Court refused them relief.

"Please see the circular issued by Chief Electoral Officer..it says apprehensions from various quarters..they want to appoint another central government nominee..is this not pointing a finger at the state," Sibal told the bench.

"It hardly matters if they are from central government or not..it is subjective to satisfaction of ECI.," Justice Bagchi said in response.

Defending the ECi's stand, Naidu told the bench, "My friend may not have properly been informed what is going on there..everything happens under supervision and we have alternated in such a way that one is from centre and the other is from state...it is completely misplaced apprehension.."

Recently, Calcutta High Court had dismissed the plea filed by TMC challenging the exclusion of State government or state PSU employees from being appointed as counting supervisors or counting assistants.

"It is the prerogative of the office of the Election Commission of India to appoint the counting supervisor and counting assistant either from the State Government or the Central Government. This court does not find any illegality for appointing counting supervisor and counting assistant from the Central Government/Central PSU employee instead of State Government employee," the Calcutta High Court had stated.

The impugned communication of the ECI stated that the direction was being passed in view of apprehensions expressed by “various quarters” regarding possible irregularities in vote counting and to ensure transparency, integrity and orderly conduct. Against this, the TMC contended that appointing counting supervisors and assistants from Central Government and Central PSU employees, who are under the administrative control of the Central Government, created a reasonable apprehension of bias. The petition highlighted that the Central Government is run by TMC's political rival, the Bharatiya Janata Party, and such appointments undermined the principle that justice must not only be done but also be seen to be done.

Case Title: ALL INDIA TRINAMOOL CONGRESS AUTHORISED OFFICER vs. ELECTION COMMISSION OF INDIA AND ORS.

Bench: Justice PS Narasimha and Justice Joymalya Bagchi

Hearing Date: May 2, 2026