West Bengal: SC Disposes TMC Plea, Repolls Underway at 15 Booths

The West Bengal Assembly elections 2026 are currently in a crucial phase, marked by significant legal challenges and ongoing repolling activities. The Supreme Court of India on Saturday, May 2, 2026, heard and subsequently disposed of a petition filed by the Trinamool Congress (TMC). This petition challenged a Calcutta High Court order that had earlier dismissed the TMC's plea against a directive from the Election Commission of India (ECI). The directive in question mandated that at least one counting supervisor and assistant at each counting table for the West Bengal Assembly elections would be an employee from the Central government or a Central Public Sector Unit (PSU). The TMC had expressed apprehension of bias, arguing that appointing counting personnel exclusively from a pool of employees under the administrative control of the Central government – which is run by their main political adversary, the Bharatiya Janata Party (BJP) – could erode public confidence in the electoral process. They contended that such a move created a 'manifest and reasonable apprehension of bias'. However, both the Calcutta High Court and the Supreme Court did not find illegality in the ECI's decision. The Supreme Court, specifically, took on record the ECI's statement asserting that counting officers are drawn equally from both Central government and State government services, in line with a circular issued by the Additional Chief Electoral Officer, West Bengal, on April 13. A special bench of Justices P.S. Narasimha and Joymalya Bagchi asked the ECI to adhere to this circular 'in letter and spirit'. The apex court also observed that the TMC's arguments about central government employees being inherently biased had a 'fallacy' and urged the party to 'give the government employees some credence'. Concurrently with the Supreme Court's hearing, repolling is underway in 15 booths across two Assembly constituencies in West Bengal's South 24 Parganas district. The Election Commission ordered these repolls following reports of electoral malpractices during the second phase of the State elections, which took place on April 29. Specifically, 11 polling stations in the Magrahat Paschim Assembly constituency and four in the Diamond Harbour Assembly constituency are undergoing repolling. Voting for these repolls commenced at 7 a.m. and is scheduled to continue until 6 p.m. on May 2, 2026. Allegations of Electronic Voting Machine (EVM) tampering and booth rigging were among the reasons cited for the repoll orders. The BJP had also welcomed the repolling orders for certain areas, while simultaneously demanding similar actions for other segments, highlighting ongoing concerns over the electoral process. The Election Commission had declared the original poll in the affected booths void under Section 58/2 of the Representation of People Act, 1951, based on reports from returning officers and observers. These developments unfold just days before the scheduled counting of votes for the West Bengal Assembly elections on May 4, 2026. The political climate in West Bengal remains charged, with various parties vigilant about the fairness and transparency of the electoral process. Mamata Banerjee's Trinamool Congress has been vocal about alleged irregularities, including issues with EVM strongrooms. A day prior to the Supreme Court's decision and the repolls, the TMC had also filed an official complaint against a Returning Officer, alleging 'unauthorised sorting of postal ballot covers'. Such complaints underscore the intense scrutiny and high stakes associated with the ongoing electoral process in the state. Several other states, including Assam, Kerala, Tamil Nadu, and Puducherry, are also part of the 2026 Assembly elections, making this a significant period for Indian democracy. The meticulous process of conducting elections, addressing grievances, and ensuring fair counting remains paramount, especially in politically charged regions like West Bengal.

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