News Flash: SC Declines TMC Plea, Upholds EC Circular, Says No Need for Judicial Order

In a crucial development with significant electoral implications, the Supreme Court of India has refused to pass any order on a petition filed by the Trinamool Congress, effectively endorsing the position taken by the Election Commission of India. The Court stated clearly that there was “no need for any order,” emphasizing that the matter falls squarely within the jurisdiction of the Election Commission. The hearing, which concluded swiftly, saw senior advocate Kapil Sibal presenting arguments on behalf of the TMC. However, the bench, including Justice Joymalya Bagchi, observed that the Commission’s circular does not exclude state government employees from election duties. The Court further noted that even if such a restriction had existed, it would have refrained from intervening, given the Commission’s constitutional mandate to manage election processes. Representing the Election Commission, counsel D.S. Naidu clarified that the concerns raised by the TMC were “misplaced apprehensions” and not grounded in actual practice. He explained that election duty assignments are made from a common pool of central and state government employees by Returning Officers, who are typically state officials. The circular, he emphasized, ensures a balanced deployment—usually pairing one central or PSU employee with a state government Employee. Importantly, the Court recorded the Commission’s assurance that the circular would be implemented in full letter and spirit. This effectively dismisses the TMC’s concerns, which had already been rejected earlier by the Calcutta High Court. The ruling highlights judicial restraint and reinforces the autonomy of the Election Commission in conducting free and fair elections. Politically, it is being seen as a major setback for the TMC, especially at a sensitive stage in the electoral cycle, with reactions from various political quarters expected to follow.

Go to Source