Calcutta High Court upholds ECI rule on counting staff, dismisses plea

MP, May 1, 2026,, Kolkata: The Calcutta High Court on Thursday upheld the Election Commission of India’s (ECI) decision to deploy Central Government and PSU employees as counting supervisors and assistants in the ongoing Assembly elections, dismissing a challenge by the All India Trinamool Congress (TMC) and clearing the way for counting on May 4.

Justice Krishna Rao held that the Election Commission acted within its powers and that there was no illegality in requiring at least one official at each counting table to be from the Central Government or a central PSU.

At the heart of the case was whether such appointments were permissible under election rules. The court noted that the Returning Officers’ handbook does not mandate that counting staff must be drawn exclusively from either State or Central services. Instead, it allows both, leaving the choice to the Commission. The court observed that the prerogative rests with the Election Commission and endorsed its discretion in the matter.

Rejecting the petitioner’s claim of possible bias, the court said the plea was based on mere apprehension without any supporting material. It found no basis for the argument that Central employees would act under political influence, particularly when multiple safeguards are built into the counting process.

The judge underlined that Central Government personnel are already deployed as micro observers at every counting table — a position the petitioner did not challenge. These observers, along with counting agents of candidates, other officials and CCTV surveillance, create a layered system of checks, making allegations of manipulation untenable.

On the question of authority, the court upheld the competence of the Chief Electoral Officer to issue the directive, pointing to statutory provisions that permit delegation of the Election Commission’s functions.

The court also took note of the timing of the plea, filed days before counting, and reiterated that election-related decisions form part of a continuous process where courts ordinarily exercise restraint. It further held that issues already left open in earlier proceedings cannot be adjudicated afresh by the High Court.

Importantly, the court clarified that if any irregularity occurs during counting, the aggrieved party is free to challenge the result through an election petition.

Finding no merit in the allegations, the court dismissed the plea.