TMC moves SC to scrap EC order excluding State staff from vote counting supervisor duty | India News
New Delhi: The ruling Trinamool Congress (TMC) on Friday moved the Supreme Court on May 4 against the Calcutta High Court’s order dismissing the plea challenging the deployment of only central government workers at the canvassing centres.D Mamata BanerjeeIts party challenged the polling duties assigned to central government and PSU (Public Sector Undertaking) employees as supervisors in the counting of votes.The High Court told the TMC that it is the Election Commission’s prerogative to appoint central or state officials as counting supervisors. It said central officials had tampered with the count and the party could file an election petition if it went in BJP’s favour.The matter has been listed for urgent hearing before a bench of Justices PS Narasimha and Jayamalya Bagchir on Saturday as the counting of votes is scheduled to take place on May 4.Earlier, the court asked why only central officials were being appointed, to which the EC replied that the same practice was followed in Kerala.Hearing the case, Justice Krishna Rao asked the EC, “If there is an objection, can’t the Election Commission rule? Why are you not going for the state government?” The High Court also noted that the Act allows the ECI to appoint employees of state governments or central governments and PSUs to the role.EC counsel Dama Seshadri Naidu replied, “We have done it in Kerala. We have not identified any state. As the situation demands, we do it.”Senior advocate Kalyan Banerjee, appearing for the petitioner, asked, “Do you distrust these state government employees? You have conducted the entire election with state government employees. Why are you taking a discriminatory approach against West Bengal? In all, 2,500 companies have been brought here. If even one company had stayed at Pehelgam, those 26 men would not have been killed.Justice Rao in his order said, “Section 100 of the Representation of the People Act provides that any non-compliance with the constitutional provisions of this Act or any rule or order made under this Act shall be grounds for declaring the election void and thus, if the petitioner finds that during the counting, Central Government servants have been appointed as enumerators, who have been appointed as assistants during the counting. The petitioner’s candidacy is defeated due to BJP’s candidate-date, the petitioner challenges the same in an election petition.” There is freedom to do.“While dismissing the petition, the High Court further said, “It is the prerogative of the office Election Commission of India Recruitment of Enumeration Supervisors and Enumeration Assistants from State Government or Central Government. This Court finds no illegality in the appointment of Enumeration Supervisors and Enumeration Assistants from Central Government / Central PSU employees instead of State Government employees.”The High Court further said, “Only counting supervisors and counting assistants will not be present in the counting room. Micro observers, counting agents of the contesting candidates and counting staff will also be present in the counting room. Therefore, the allegations of the petitioner cannot be believed.”
