New Delhi [India], May 2 : Rajya Sabha MP and senior advocate, Kapil Sibal, on Saturday clarified that the Supreme Court has not merely dismissed Trinamool Congress' petition over the deployment of central government employees for counting of votes, but rather agreed to their contention of implementing the Election Commission's circular.
Addressing a press conference in the national capital, Kapil Sibal said that the ECI's circular itself called for deploying both central government and state government employees on the day of counting of votes for the West Bengal Assembly elections.
The apex court noted that no further orders were necessary in the case, except asking the Election Commission to implement the circular dated April 13 in true letter and spirit.
Sibal told reporters, "I do not comment on matters which I am representing in the court; however, this is an exception. In the High Court, the TMC had argued that the circular was wrong because it says that the Election Commission anticipates irregularities in counting on some booths, so every booth will have one central government officer deployed. A micro observer as the centre government's nominee is anyway present at the booths. The High Court said that the circular was correct."
"In the Supreme Court, we decided not to challenge the circular; instead urged the court to implement the circular. The same circular read, 'Further, a dedicated module is being incorporated in ECINET for randomisation of counting personnel and generating a counting ID card.' It mentions the random selection of state and central government employees from respective databases for counting. In the Supreme Court, we argued that you are deploying a central government employee; deploy a state government employee, too. We were not challenging the circular; we said that implement it. The SC said that the Election Commission will follow the circular issued by them both in letter and in spirit. The media saying that our petition has been dismissed is wrong," the advocate for the petitioner in the case added.
Further, hitting out at the BJP, he questioned the deployment of a large number of CAPF personnel in West Bengal. Advocate Kapil Sibal also said that he will ask the Supreme Court to ask the ECI to retain the CCTV footage of the polling booths even after the 45-day period.
"The BJP is not focused on other states where elections were held. There are more CAPF personnel deployed there than in Manipur or Jammu and Kashmir. Is there a war going on? It is an election. If the ECI is handling the security, and CAPF is also there, then what is this fear? Everything inside the polling booth is recorded with CCTV. We will also put this before the Supreme Court that the CCTV footage should be retained (beyond 45 days). I would urge candidates to file RTIs to receive the CCTV footage. There will be political opponents, but the public is not an opponent," he said.
This comes after the Supreme Court declined to pass any directions on a plea filed by the TMC, challenging the Calcutta High Court order, which had rejected its petition against the alleged deployment of Central government employees as voter counting supervisors in the West Bengal assembly election.
A special Bench of Justices PS Narasimha and Joymalya Bagchi was constituted on Saturday to hear the matter urgently, as vote counting is scheduled to begin on May 4.
After hearing both sides, the court declined to issue any directions in the case. It recorded the submission of the ECI that its April 13 circular would be implemented in full. The court noted that this includes the deployment of State government employees along with Central government and PSU personnel in the vote counting process, as claimed by AITC.
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