During the hearing, the bench said that TMC representatives will be present during the counting of votes and said that the Election Commission’s circular is not contrary to the rules.senior lawyer Kapil SibalSenior advocate Meenakshi Arora, appearing for TMC, questioned the direction and said the April 13 circular came to the notice of the petitioner only on April 29, despite claims of prior information. He also raised questions on the basis of suspicion of wrongdoing by the Election Commission.Senior advocate DS Naidu, appearing for the Election Commission, said the returning officer, a state government employee, exercises broad control over the counting process and selects the personnel. He said the April 13 circular on posting of central government employees would be followed in letter and spirit and argued that the concerns raised were based on “wrongful apprehensions”.He said one state government employee and one central government employee would be appointed as counting observers and counting assistants.Justice Bagchi said that describing a counting officer as a nominee of the Central Government “hardly makes sense” and said such decisions fall within the subjective satisfaction of the Election Commission of India. He also said that party-appointed enumeration agents will remain in place and the enumeration framework already includes a micro-observer who is a central government official, as well as enumeration observers and assistants.Which was led by Trinamool Congress Mamata BanerjeeHe moved the Supreme Court on Friday after the High Court rejected his petition challenging the vote counting system.