Calcutta HC reserves order on EC counting rules

The Calcutta High Court reserved orders on pleas challenging the Election Commission of India’s decision to deploy central staff for vote counting and shift a counting centre in West Bengal, amid arguments over transparency and jurisdiction

Kolkata: The Calcutta High Court on Thursday concluded the hearing of a petition challenging the Election Commission’s directive of deputing the employees of the Union government and central PSUs for the counting of votes in the West Bengal assembly elections. The polling for the 294-member assembly was held in two phases -April 23 and April 29, and the counting will take place on May 4.

Petitioner’s counsel Kalyan Banerjee submitted before the court of Justice Krishna Rao that the EC notification states that, in view of apprehensions on the possibility of irregularities during the counting of votes, at least one among the counting supervisors and counting assistants at each table will be central government/central PSU employees to ensure transparency in the process.

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Banerjee, who is also a Trinamool Congress MP, claimed that this is beyond the jurisdiction of the chief electoral officer (CEO), West Bengal.

Seeking dismissal of the petition, the CEO’s counsel Jishnu Chowdhury stated before the court that this is a question of judicial scrutiny of discretion exercised by the Election Commission. He said the EC has, in its wisdom, selected central government employees to do this job and that it is not an act done contrary to statute.

Another petition was moved before the court of Justice Rao, claiming that a last-minute change of counting centre was made by the Election Commission in the Kasba assembly constituency in south Kolkata.

The counting centre for the Kasba seat was shifted from Gitanjali stadium within the constituency area to Biharilal College in Alipore, petitioner Javed Ahmed Khan, the TMC candidate, claimed. The EC’s counsel stated before the court that the reason for shifting the venue was to streamline the counting centres.

Chowdhury stated that earlier there used to be five counting venues for ten assembly constituencies, but now one venue for these seats. He pointed out that rules allow a returning officer to alter the venue of counting if he/she finds it necessary for any reason. After hearing the parties, the court reserved its order in the two petitions.