The Election Commission on Saturday night ordered a fresh election in the Falta Assembly constituency in South 24-Parganas on May 21 after cancelling the polling conducted on April 29 following complaints of irregularities.

"The EC cancelled the elections for the entire Falta Assembly segment and ordered a fresh poll on May 21 after the Bengal chief electoral officer recommended repolling in several booths on Friday," said a senior poll panel official.

The counting of votes for the constituency would take place on May 24.

Soon after voting ended on Wednesday, complaints started pouring out of several booths in Falta about EVM buttons being taped, non-functional CCTV cameras and voter intimidation.

Counting staff 'boost'

Earlier in the day, the Supreme Court asked the Election Commission to enforce in “letter and spirit” its April 13 circular stipulating the appointment of both central and state officials as supervisors or assistants at each counting centre, prompting both Trinamool and the BJP to claim victory.

The bench of Justice P.S. Narasimha and Justice Joymalya Bagchi recorded an undertaking from senior advocate D. Seshadri Naidu, appearing for the poll panel, that this would be done.

The court was hearing an “urgent request” from Trinamool challenging an April 30 Calcutta High Court order that had declined to interfere with the commission’s decision to appoint central government employees for counting-centre duties.

Bengal’s ruling party had earlier moved the high court, expressing apprehensions about the intent behind the commission’s April 13 order.

At a special hearing in the apex court — which does not normally sit on the judicial side on Saturdays — Naidu said Trinamool’s fears were “misplaced”. Naidu said the returning officers — all state government employees — had “overarching” powers in the final affixation of labels on the ballot boxes.

“Having heard the parties, we feel no further orders are necessary except to reiterate the statement of Mr Naidu for the Election Commission of India that the circular dated April 13, 2026, will be implemented in ‘letter and spirit’,” Justice Narasimha said, dictating the order.

The commission’s April 13 circular said central government and PSU employees would be appointed as “supervisors” and “assistants” at each counting booth in the light of “certain apprehensions”.

Senior advocate Kapil Sibal, appearing for Trinamool, told the apex court that the circular had come to the party’s knowledge only on April 29.

“According to them, they (the commission) have an apprehension that there will be a problem in every single booth. There is already one central government nominee and they want one more", Sibal said.

He underscored that micro-observers from the central government had already been appointed to each counting booth. “Their circular says that state government nominees are needed, but they don’t appoint one,” Sibal said.

He said appointing central government employees on the grounds of apprehensions of bias amounted to “pointing a finger at the state”.

Justice Bagchi observed: “It hardly matters if he is a central government nominee or not. It is a matter of subjective satisfaction. Your (state) officers and counting agents will also be there and so (will be) others.”

He added: “We cannot hold that this notification is contrary to the regulations since one is a central government officer…. To choose wholly from one pool cannot be said to be incorrect.”

Justice Narasimha, who headed the bench, intervened to ask: “What is this proportionate representation concept? All of them are employees of the government.”

Sibal argued that the state government’s nominees were not being appointed.

Naidu then said the returning officers were all state government employees and had overarching powers. “If they want to put labels, he (returning officer) selects the officers. There are misplaced apprehensions,” Naidu said.

Justice Narasimha told Naidu: “Make sure what is there in the circular is followed.”

When Sibal said CCTV footage should be preserved and not destroyed, Naidu said: “It is always kept for 45 days and if an election petition is filed, the footage is preserved till the disposal of the matter.”

The bench then said no further orders were necessary. It recorded Naidu’s assurance that the commission’s circular on appointing one nominee from the state pool at each counting booth would also be followed in “letter and spirit”.

The BJP hailed the “rebuff to Mamata”, saying the top court had made it clear that “attempts to influence or cast doubt over the integrity of the counting process will not find easy validation”.

Trinamool claimed the apex court had vindicated its stand that central government and PSU staff alone could not be appointed as counting supervisors and counting
assistants.

Additional reporting by our bureau