‘Fallacy is assumption’, SC dismisses TMC plea, asks party to give government employees some credence
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On 2nd May, the Supreme Court of India dismissed the concerns raised by the Trinamool Congress regarding the appointment of central government employees as counting supervisors and assistants ahead of poll results. The Supreme Court said that the TMC must trust the government employees and stop arguing that a central government employee would necessarily go against them has a fallacy. "The fallacy is the assumption itself, and instead, the Trinamool should give the government employees some credence," the court added.
The court’s remarks came after the Calcutta High Court upheld the decision of the Election Commission of India (EC) to appoint central government and public sector unit (PSU) employees as counting supervisors and assistants.
Senior advocate Kapil Sibal, appearing for the party led by Chief Minister Mamata Banerjee, referred to a circular issued by the EC and said, "It says there has been apprehension from various quarters regarding discrepancy. They want another central government nominee. Is this not pointing a finger at the state?
However, Justice Joymalya Bagchi said, "It hardly matters if he is a central government nominee or not. It is to the subjective satisfaction of the EC. Your counting agents will be there, and so will others. Then counting assistant, a counting supervisor, and a micro observer who is a central government officer.
Justice P. S. Narasimha also questioned. What is this proportionate representation concept? All of them are employees of the government."
"But the state government nominee has not been appointed," Sibal said.
On behalf of the EC, senior advocate DS Naidu informed the court that said the returning officer is a state government employee with overarching power to deploy personnel from any pool of government employees.
Further, Silbal stated that he wants the circular to be implemented as it is. It was in this context that the Supreme Court asked the question: if he wants compliance with the circular, then why is the Trinamool before the court?
The Supreme Court then disposed of the petition, stating that no further action was needed, and supported the Election Commission’s decision so far.