SC ON TMC PLEA
New Delhi, May 3 -- The Supreme Court on Saturday disposed of a plea filed by Trinamool Congress after the Election Commission (EC) assured the court that a state government official will be part of the counting process.
Effectively upholding the framework outlined by the poll panel, a special bench comprising justices P S Narasimha and Joymalya Bagchi said that the EC's April 13 circular, which provides for a mix of central and state government employees in the counting process on May 4, was not contrary to law.
It said that the poll body has the discretion to appoint counting personnel from either pool.
"No further orders are necessary in this case except to record the statement of Mr D S Naidu, appearing for the poll panel, that the Election Commission will implement the circular dated April 13 in true letter and spirit. With these clarification, the special leave petition stands dismissed," the bench said in its order. Polling for the 294-member West Bengal assembly were held in two phases on April 23 and April 29. Votes will be counted on Monday.
In its April 30 judgment, the Calcutta High Court had rejected the TMC's contention that the EC's directive was issued without jurisdiction or based on vague apprehensions.The high court also dismissed allegations that central government or PSU employees could be influenced by the Union government, noting the presence of multiple layers of oversight in the counting process. The TMC rushed to top court to appeal against the directive leading to special hearing on a Saturday, a court
During the hearing, the poll panel said the apprehensions of TMC of any wrongdoing is misplaced, as the circular very clearly states that there will be a mix of central and state government employees.
The EC assured the court that the circular would be implemented in letter and spirit, and there would be state government employees also during the counting.
At the outset, senior advocate Kapil Sibal, appearing for the TMC, said the circular was dated April 13, but they came to know about it on April 29.
He said there are four issues: one, the circular appointing Central employees was issued to DEOs on April 13, but came to their knowledge only on April 29; two, the Election Commission says it has apprehensions of irregularity, despite having a Central nominee in the counting process; three, the poll body already has a Central government officer at each counting table in the form of a micro observer, and four, the commission has not appointed state nominees even though the circular provides so.
Sibal said, "Where is (the proof of) apprehension (raised) from each booth? They have not disclosed this. And why not tell us that they are going to have a Central government nominee? All we want is, in terms of the circular, the state government nominee should be there"...
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हमे संपर्क करें.