Calcutta High Court Upholds Central Staff Appointments as Counting Supervisors
'Central Staff Can Be Counting Supervisors': Court Rejects Trinamool Appeal
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The Calcutta High Court has upheld the Election Commission of India's decision to appoint Central government and Public Sector Undertaking (PSU) employees as counting supervisors and assistants, rejecting a petition from the All India Trinamool Congress. The court emphasized that such appointments are within the Election Commission's discretion and do not violate any laws.
- 01Calcutta High Court supports Election Commission's authority in appointing counting supervisors.
- 02The court found no legal restrictions against using Central government or PSU employees.
- 03Judicial intervention during elections is limited to clear illegality, which was not proven.
- 04Concerns of bias were deemed speculative and unsupported by evidence.
- 05Irregularities can be challenged through an election petition under the Representation of the People Act.
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The Calcutta High Court has dismissed a petition from the All India Trinamool Congress challenging the Election Commission of India's decision to appoint Central government and Public Sector Undertaking (PSU) employees as counting supervisors and assistants. The court ruled that such appointments are within the Election Commission's exclusive discretion and do not violate any legal provisions. Justice Krishna Rao's bench noted that there is no restriction requiring the selection of state government employees only, allowing for the inclusion of personnel from both Central and State services. The court emphasized that judicial intervention in ongoing elections should only occur in cases of clear illegality, which the petitioners failed to demonstrate. Concerns regarding potential bias due to the influence of the Central government, controlled by the Bharatiya Janata Party (BJP), were dismissed as speculative. The court reiterated that the counting process is safeguarded by measures such as micro-observers, counting agents, and CCTV surveillance, ensuring transparency. Any proven irregularities can be challenged through an election petition under Section 100 of the Representation of the People Act, 1951.
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The ruling reinforces the Election Commission's authority to ensure transparency in the election process, potentially affecting how future elections are conducted in West Bengal.
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