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- Court upheld Election Commission’s counting staff appointments.
- Handbook doesn’t restrict counting staff to state employees.
- Safeguards ensure transparency in the counting process.
The Calcutta High Court has rejected the Trinamool Congress’s petition challenging the counting arrangements for the West Bengal Assembly elections, upholding the Election Commission’s decision to appoint Central government and PSU employees as counting supervisors and assistants.
Court Refuses To Interfere In Counting Process
The court declined to interfere with the counting process, observing that the appointment of such personnel falls within the Election Commission’s discretion and is not illegal.
Handbook Does Not Limit Selection To State Employees
The High Court held that the relevant handbook provisions do not restrict the selection of counting staff solely to State government employees.
Transparency Safeguards Cited By Court
Rejecting concerns over possible irregularities, the court noted that the presence of micro observers, counting agents, CCTV surveillance and other safeguards ensures transparency in the counting process.
It said the allegations raised were speculative in nature.
ACEO’s Authority Held Valid
The court also ruled that the Additional Chief Electoral Officer had valid authority under delegation provisions of the Representation of the People Act to issue the impugned communication.
Political Influence Concerns Dismissed
The High Court rejected apprehensions that Central government staff could act under political influence, noting that multiple stakeholders remain present in counting halls and that safeguards are in place.
Grievances Can Be Raised Through Election Petition
The court further observed that interference during an ongoing election process is discouraged and said any grievance related to the election may be raised through an election petition under Section 100 of the Representation of the People Act, 1951.
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