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)

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 Additional Chief Electoral Officer, West Bengal had issued the impugned communication without any jurisdiction. He further submits that the said communication is issued only on the apprehension. He has relied upon the Handbook for the counting agent Section A, Clause 1.13 wherein the following persons can be allowed inside the counting hall:

i) Counting supervisors, counting assistants and micro observers;

ii) Persons authorized by the ECI (possessing authority letter duly issued by ECI) and observers;

iii) Public servants on duty in connection with the election; and

iv) Candidates, their election agents and counting agents.

3. By referring the said provision, Mr. Bandhopadhyay submits that the said provision does not allow that the counting supervisors or counting assistants shall be the Central Government/Central PSU employees. He further relied upon Clause 9.11 and submits that as per the said provision apart from one counting supervisor and one micro observer for each table, one micro observer would be seated in each of the 14 counting tables. The micro observer will invariably be a Central Government/Central Government PSU employee but in the present case the respondents/authorities have appointed counting supervisors and counting assistants as Central Government/Central Government PSU employee instead of micro observer.

4. Mr. Badhopadhyay, further submits that on May 4, 2026 the Election Commission of India has fixed the counting of votes of State Assembly Election of Assam, Kerala, Puducherry as well as in the State of West Bengal but the other places the Election Commission has not appointed any Central Government or Central PSU employees as counting supervisors or counting assistants but only in the State of West Bengal the ECI has appointed the counting supervisors and counting assistants from Central Government/Central PSU employees.

5. Mr. Bandhopadhyay, further relied upon Article 324(2)of the Constitution of India and submits that as per the said Article, the Election Commission shall consist of Chief Election Commission and such number of other Election Commissioners if any as the precedent may time to time fix an appoint the Chief Election Commissioner or other Election Commissioner subject to the provisions of any law made by that behalf by the Parliament, be made by the President. But in the present case, the impugned order is being issued by the Chief Electoral Officer, West Bengal who is not coming under the purview of Section 324 of the Constitution of India.

6. Mr. Bandopadhyay in support of his submission relied upon the judgment in the case of Union Territory of Ladakh & Ors. vs. Jammu & Kashmir National Conference reported in (2024) 18 SCC 643 and submits that in election matters to the extent that one a notification is issued and the el