The Supreme Court has constituted a two-judge special bench for an urgent hearing tomorrow (May 2, Saturday) after the Trinamool Congress (TMC) filed a petition, challenging the Election Commission of India (ECI) decision to appoint only Central government employees and PSU staff as counting day supervisors in West Bengal. A top court special bench comprising of justices PS Narasimha and Joymalya Bagchi will hear the matter at 10:30 AM.Earlier today, TMC approached the top court against the ECI appointing only Central government and PSU employees as counting supervisors for the West Bengal polls. 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,
sources said.
TMC Moved SC After No Relief From Calcutta High Court
West Bengal incumbent 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.
What Calcutta High Court Said on TMC's Plea
On Thursday, the Calcutta High Court had dismissed 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 court further held that in case any wrongdoing as alleged in the petition was established, the petitioners would be free to file an election petition.
What TMC Argued in Calcutta High Court
On Thursday, senior Advocate Kalyan Bandopadhyay, appearing for TMC in High Court had argued that the directive lacked jurisdiction and deviated from the Election Commission's own handbook, which does not mandate Central Government personnel for such roles.Bandopadhyay further contended that while micro-observers are required to be Central Government/PSU employees, extending this requirement to counting supervisors and assistants was arbitrary and unique to West Bengal.The petitioner also raised concerns of potential bias, alleging that since the Central Government is controlled by the Bharatiya Janata Party (BJP), Central employees may be susceptible to influence, thereby disturbing the level playing field.Senior advocates Dama Seshadri Naidu and Jishnu Chowdhury, appearing for the Election Commission and Chief Electoral Officer, respectively, opposed the plea, arguing that the petition was based purely on apprehension without evidence of prejudice, and the direction was issued to ensure transparency and integrity in the counting process.