Calcutta HC Reserves Verdict on Petition Challenging ECI on Appointing Counting Officers, New Identities for Entry in Counting Centres.

NEW DELHI, Apr 30: The Calcutta High Court on Thursday concluded the hearing of a petition challenging the Election Commission’s directive of deputing the employees of only the Union Government and central PSUs for the counting of votes in the West Bengal Assembly elections.

The polling for the 294-member assembly was held in two phases -April 23 and April 29, and the counting is scheduled to be held on May 4.

Petitioner’s counsel Kalyan Banerjee submitted before the court of Justice Krishna Rao that the EC notification states that in view of apprehensions on the possibility of irregularities during the counting of votes, at least one among the counting supervisors and counting assistants at each table will be central government/central PSU employees to ensure transparency in the process.

Mr Banerjee, who is also a Trinamool Congress MP, claimed that this was beyond the jurisdiction of the Chief Electoral Officer (CEO), West Bengal.

Seeking dismissal of the petition, the CEO’s counsel Jishnu Chowdhury stated before the court that this was a question of judicial scrutiny of discretion exercised by the Election Commission. He said the EC has, in its wisdom, selected central government employees to do this job and that it was not an act done contrary to statute.

Another petition was moved before the court of Justice Rao, claiming that a last-minute change of counting center was made by the Election Commission in the Kasba Assembly constituency in south Kolkata. The counting center for the Kasba seat was shifted from Gitanjali stadium within the constituency area to Biharilal College in Alipore, petitioner Javed Ahmed Khan, the TMC candidate, claimed.

The EC’s counsel stated before the court that the reason for shifting the venue was to streamline the counting centres. Mr Chowdhury stated that earlier there used to be five counting venues for ten assembly constituencies, but now one venue for these seats. He pointed out that rules allow a returning officer to alter the venue of counting if he/she finds it necessary for any reason.

After hearing the parties, the court reserved its order in the two petitions.

Meanwhile, ahead of the counting of votes in West Bengal, Tamil Nadu, Kerala, Assam and Puducherry, the Election Commission on Thursday said it has introduced a QR code-based ID system to strengthen security at the counting centres. In a statement, the EC said the step has been taken to eliminate the possibility of any unauthorized persons from entering counting centres.

The poll body said the new system would be implemented ahead of the May 4 counting of votes polled in the Assembly elections held in Assam, Kerala, Tamil Nadu, West Bengal and Puducherry and the by-elections in 7 assembly constituencies of five states. It will also be extended to all future general and by-elections to Lok Sabha and state legislative assemblies, the EC statement said.

“This significant initiative is in continuation of the series of over 30 initiatives taken by the ECI over the past one year, which included introduction of standardized QR code-based photo ID cards for Booth Level Officers (BLOs),” it said.

Detailing the arrangement at counting centers for verification of identities, the EC said it was a three-tier mechanism wherein at the first and second levels, photo ID cards issued by the Returning Officer (RO) shall be checked manually. “At the third and innermost security cordon near the counting hall, entry shall be permitted only after successful verification through QR code scanning,” it said.

It further said the new QR code-based photo ID cards would be applicable for the categories of persons authorized by the ECI to enter counting centers and halls and they would include ROs, Assistant ROs, counting staff, technical personnel, candidates, election and counting agents, among others.

The poll body also said a media center would be set up near the counting halls in each counting center for the facilitation of authorized media persons. The entry of media persons will continue to be permitted on the basis of authority letters issued by the EC in accordance with the existing instructions of the Commission, it said.

(Rohit Kumar)