New Delhi

Senior advocate and Rajya Sabha MP Kapil Sibal on Saturday said the presence of a state government employee at every counting table during the West Bengal Legislative Assembly election vote count is essential to ensure fairness and maintain a level playing field for all political parties.

Sibal made the remarks shortly after the Supreme Court of India declined to pass any further orders on a petition filed by the All India Trinamool Congress challenging a Election Commission of India directive concerning deployment of counting personnel for the West Bengal polls.

Addressing reporters after the hearing, Sibal said his argument before the apex court was not against the legality of the EC’s April 13 circular, but for its complete implementation. According to him, the circular clearly provides for the presence of both central and state government personnel during the counting process, and this provision must be followed in full.

He said a state government representative at each counting table is “absolutely necessary” to ensure confidence in the process and to prevent any perception that one political side may enjoy an institutional advantage.

Referring to the proceedings, Sibal said the Trinamool Congress had approached the courts after becoming aware of the EC circular only on April 29, despite it being issued on April 13. He said the party had raised concerns over the introduction of additional central government personnel in counting rooms, especially when micro-observers from the central pool are already deployed at every counting table.

Sibal noted that each counting room already includes counting agents from political parties, supervisors and micro-observers, and questioned the need for further central nominees unless the state government’s representation was equally ensured.

He said his submission before the Supreme Court was simple: if the EC circular provides for the inclusion of state government employees alongside central personnel, then that provision must be implemented through a transparent randomisation process.

The matter was heard by a special bench comprising Justices P S Narasimha and Joymalya Bagchi, which observed that the Election Commission has the authority to decide the composition of counting staff and that the circular did not violate any rules.

During the hearing, counsel for the Election Commission assured the court that the April 13 directive would be implemented “in letter and spirit,” including the deployment of state government employees during the counting process scheduled for May 4.

Sibal said public confidence in elections depends not only on legal compliance but also on visible neutrality in execution. He added that when all proceedings are already being recorded and monitored, maintaining balanced representation at each counting table becomes vital for preserving trust in the electoral process.

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Polling for all 294 seats in West Bengal was conducted in two phases on April 23 and April 29, with counting of votes scheduled for May 4. Earlier this week, the Calcutta High Court had dismissed the TMC’s challenge to the Election Commission’s circular, holding that there was no illegality in the poll body’s decision.