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IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
All India Trinamool Congress – Appellant
Versus
Election Commission of India – Respondent
| Table of Content |
|---|
| 1. writ challenges central employee requirement for counting tables. (Para 1) |
| 2. handbook permits central or state staff without exclusive mandate. (Para 2 , 3 , 3 , 4 , 16 , 25) |
| 3. aceo empowered by statutory delegation to issue directive. (Para 5 , 6 , 12 , 21 , 22) |
| 4. writs during elections limited by precedence and article 329. (Para 7 , 8 , 9 , 10 , 11 , 23 , 24) |
| 5. irregularities remedied via election petition under section 100. (Para 13 , 26 , 27 , 28) |
| 6. transparency via cctv and central micro-observers ensured. (Para 14 , 15 , 18 , 19) |
| 7. bias apprehension dismissed due to oversight mechanisms. (Para 17 , 20) |
| 8. writ petition dismissed for lack of merit. (Para 29 , 30 , 31) |
ORDER :
Krishna Rao, J.
1. The petitioner has filed the present writ application challenging the communication dated April 30, 2026 issued by the Additional Chief Electoral Officer, West Bengal only with regard to Clause no. 1 wherein it is mentioned that “at least one among the counting supervisor and counting assistant at each counting table shall be a Central Government/Central PSU employee”.
2. Mr. Kalyan Bandhopadhyay, learned Senior Advocate appearing for the petitioner submits that the Addit
Mandating central government employees as counting staff upheld under delegation; writ challenge during process not maintainable; remedy for irregularities lies in election petition. (20 words)
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