‘No further orders necessary’: Supreme Court dismisses TMC’s plea against ECI order on vote counting supervisors

On April 30, Calcutta HC had rejected TMC's plea challenging ECI order mandating that at least one among the counting supervisor/assistant at each counting table be a central government or central PSU employee.

Supreme Court TMC Plea Hearing Highlights: The Supreme Court on Saturday dismissed a plea filed by the All India Trinamool Congress (TMC) challenging the Calcutta High Court’s order dismissing its petition against the deployment of central government and PSU employees as vote counting supervisors and assistants in the West Bengal assembly elections. The top court noted that no further orders were necessary in the petition, except that the ECI circular dated April 13 would be implemented in both letter and spirit.

“No further orders are necessary in this petition except to reiterate the statement of Shri DS Naidu that the circular (ECI’s circular) dated April 13 will be implemented in letter and spirit,” the bench said in its order.

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This comes after senior advocate Kapil Sibal appearing on behalf of TMC submitted that his limited grievance was that, in terms of the circular, there should be a nominee from the state government as well.

In response, senior advocate DS Naidu appearing for ECI stated that this had always been the norm followed.

Yesterday, a special bench of Justices Pamidighantam Sri Narasimha and Joymalya Bagchi was constituted to hear the plea as counting of votes begins on May 4.

Calcutta HC order: On April 30, Calcutta High Court had rejected TMC’s plea, which had challenged a communication issued by the additional chief electoral officer mandating that at least one among the counting supervisor or counting assistant at each counting table be a central government or central Public Sector Undertaking (PSU) employee. “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 high court had said in its order.

Live Updates
May 2, 2026 10:50 AM IST
Supreme Court TMC Plea Hearing Live Updates: Hearing concludes

Hearing concludes, bench rises

May 2, 2026 10:49 AM IST
Supreme Court TMC Plea Hearing Live Updates: Bench dictates order

Bench begins to dictate order

Bench: No further orders are necessary in this petition except to reiterate the statement of Shri DS Naidu that the circular (ECI's circular) dated April 13 will be implemented in letter and spirit

May 2, 2026 10:46 AM IST
Supreme Court TMC Plea Hearing Live Updates: Senior advocate Kapil Sibal's submissions

Sibal: All we want is in terms of circular a state government nominee should also be there. Nothing more than that.

Bench: They have never said that there is no state government nominee

Sibal: We are saying there is none. One from central govt and one from state govt

Naidu: That is the norm we have followed even before they could point it out

May 2, 2026 10:44 AM IST
Supreme Court TMC Plea Hearing Live Updates: Hearing begins

Sibal: Have state government employee there...CCTV is another thing. A CCTV footage must be kept. They will destroy it afterwards. This is the problem.

Bench: No one can destroy it like that

Sibal: After 45 days they don't keep it

Naidu: 45 days we preserve if election petition is filed we preserve it until the disposal

May 2, 2026 10:43 AM IST
Supreme Court TMC Plea Hearing Live Updates: Hearing begins

Senior advocate DS Naidu: We have been following the circular to perfection. My friend may not have been properly informed about whats going on there. The returning officer has the overarching power and he is from the state government cadre, if at all they wanted to apply the labels. Everything happens under supervision

May 2, 2026 10:41 AM IST
Supreme Court TMC Plea Hearing Live Updates: Hearing begins

Bench: This concept of proportionate representation....There is yet another fallacy in this that those belong to state govt have a different intelligence. These are employees of govt.

Sibal: I am saying follow the circular and the direction that you have issued.

Bench: If that is so, then why are you in the court?

Sibal: Because they haven't appointed state govt nominee. Then they say you are requested to ensure strict compliance with the instructions...This circular has to be followed

May 2, 2026 10:38 AM IST
Supreme Court TMC Plea Hearing Live Updates: Hearing begins

Bench: Counting agents of all contesting candidates are there

Sibal: And the election agents

Bench: The election agent, counting agent and then on every table three persons. A counting supervisor, counting assistant and microobserver. Microobsrever as per rule will be a central govt employee. So far as counting supervisor, counting assistant maybe of central govt may be of state govt. The categories are different. Class B officers for counting supervisor and class C for counting agent. Once that option is option we can’t hold that the election commission notification acts contrary to the regulations by saying at least of them will be a central govt employee because they can even say both of them can be a central govt employee.

Sibal: Kindly see the circular, doesn't say so

Bench: What we are saying. Let us read the circular and examine a circular saying both counting supervisor and agent will be central govt employee still we could not have faulted them because clause 15.7.1 says that this pool of counting supervisors and agents will be from class B or C, that is the distinction, of either the state govt or central govt. So to choose only from one pool cannot be said to be incorrect. It is within jurisdiction.

May 2, 2026 10:38 AM IST
Supreme Court TMC Plea Hearing Live Updates: Hearing begins

Bench: So far as you are concerned there is no question of conferring with the political party

Sibal: But they should tell us

Bench: Your counting agents will be there

Sibal: Their counting agents are also there

May 2, 2026 10:37 AM IST
Supreme Court TMC Plea Hearing Live Updates: Hearing begins

Sibal: They wanted central govt nominee because they fear there is a possible irregularities that's pointing finger at the state government.

Bench: Mr Sibal, all these persons the nominees be it of central or state in discharge of their duties for counting are under the control of EC. So if the EC has total control, it hardly matters whether he is a central or state govt nominee.

Sibal: But there is already a central govt nominee and where is the apprehension from each booth? There must be some data...Why they didn't tell us that they are going to have a central govt nominee from April 13 to 29 of April?

May 2, 2026 10:36 AM IST
Supreme Court TMC Plea Hearing Live Updates: Hearing begins

Sibal: Point number 2 they say they have an apprehension that means they have an apprehension that in every booth in West Bengal there is going to be trouble. Where do they get this apprehension from. This is shocking. They already have a central government nominee, micro observers, now they want another. For what purpose? Circular itself says that you should have a state government nominee also. They don't appoint

May 2, 2026 10:35 AM IST
Supreme Court TMC Plea Hearing Live Updates: Hearing begins

Sibal: I apologise to your lordships to trouble you on a Saturday but there are four issues that i wish to raise. Issue number 1 is that this circular is issued to the DEOs on April 13 and we get to know about it only on 29th. These things don't happen. On the contrary, advance notice is given. There are meetings with the DEOs every two days. They don't tell us anything about it

May 2, 2026 10:34 AM IST
Supreme Court TMC Plea Hearing Live Updates: Hearing begins

Senior advocate Kapil Sibal appearing for TMC

May 2, 2026 10:32 AM IST
Supreme Court TMC Plea Hearing Live Updates: Bench assembles

Hearing to begin shortly

Senior advocate DS Naidu for ECI is appearing through VC

May 2, 2026 10:31 AM IST
Supreme Court TMC Plea Hearing Live Updates: Bench assembles

Bench assembles

May 2, 2026 10:04 AM IST
Supreme Court TMC Plea Hearing Live Updates: Calcutta HC order

Calcutta HC's Justice Krishna Rao had rejected the plea which had challenged a communication issued by the additional chief electoral officer mandating that at least one among the counting supervisor or counting assistant at each counting table be a central government or central Public Sector Undertaking (PSU) employee.

May 2, 2026 09:59 AM IST
Supreme Court TMC Plea Hearing Live Updates: Calcutta HC order

Dismissing TMC's challenge to ECI order, the Calcutta HC on April 30 had observed that the ECI has the prerogative to appoint counting staff either from the central or state government, and choosing central personnel for counting proceedings cannot be termed illegal.

May 2, 2026 09:57 AM IST
Supreme Court TMC Plea Hearing Live Updates: Hearing at 10:30

A special bench of Justices Pamidighantam Sri Narasimha and Joymalya Bagchi will hear the plea at 10:30am

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