The Supreme Court on 2 May 2026 dismissed the All India Trinamool Congress (AITC)’s challenge to an ECI circular dated 13 April 2026. The circular directs that at least one among the Counting Supervisor and Counting Assistant at each counting table be a Central Government/PSU employee. The Court ordered strict compliance with the circular, emphasizing that no further judicial intervention is warranted.
Key Developments
- Special bench comprising Justice P.S. Narasimha and Justice Joymalya Bagchi reiterated that the circular must be followed “in letter and spirit”.
- The hearing was urgent as vote counting for the West Bengal Assembly elections 2026 was scheduled to begin at 8 AM on 4 May 2026.
- Senior Advocate Kapil Sibal raised four objections, including delayed notice of the circular and alleged bias favoring the Central Government.
- The Court observed that the circular allows flexibility – either Central or State officers can be appointed – and therefore cannot be deemed violative of regulations.
- The petition also contested the authority of the Additional Chief Electoral Officer under Section 19A of the RP Act, but the Court found no ground for interference.
Important Facts
1. The circular was issued to District Election Officers on 13 April 2026 but became known to AITC only on 29 April 2026.
2. AITC argued that the presence of micro‑observers already satisfied the requirement for Central representation, making the new directive redundant.
3. The petition cited Article 14 (equality) and Article 329(b) (non‑interference in elections) of the Constitution, claiming the circular created a bias and that the High Court erred in invoking the election‑related bar.