NEW DELHI: The Supreme Court on Wednesday slammed the Election Commission of India (ECI) for claiming inability to trace 2023 video recording of counting of votes in Karnataka’s Sringeri Assembly constituency where victory margin was only 201 votes.
It is to be noted that videography of counting is mandatory as per ECI guidelines to ensure fairness in the election process. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said that the ECI as a constitutional body must preserve election records.
The court made these remarks after hearing a plea filed by BJP candidate DN Jeevaraj challenging the Congress candidate TD Raje Gowda’s election from Sringeri in 2023 Karnataka polls.
Jeevaraj lost by 201 votes and alleges irregularities in postal ballot counting and improper videography of counting. He moved the SC seeking preservation and production of video recording and CCTV footage of counting hall.
The ECI filed an affidavit saying video recording of counting in Sringeri is not traceable after over two years and has been overwritten. To this the bench questioned, “How can you say it is unable to trace? You are supposed to preserve it when matter is sub-judice.” It also noted ECI instructions require preservation of counting videos till election petitions are decided.
It said the claim of ECI raises serious doubt about transparency. The petitioner argued that with 1,247 postal ballots, narrow margin of 201 votes could be affected by irregularities.
He sought entire counting record, CCTV footage, Form 20 and postal ballot account.
The bench thereby directed the ECI to file a fresh affidavit in two weeks explaining the retention policy, when recording was deleted, who authorised, and whether backup exists.
The court also asked the Karnataka Chief Electoral Officer to file a detailed affidavit on the preservation steps after election petition was filed.
The bench also warned that if negligence found, it will take a serious view, and fixed the matter for further hearing after two weeks.
The Sringeri election petition is pending before the Karnataka High Court and the Supreme Court is monitoring preservation of records.
SC verdict caused SIR disaster, says KPCC chief
KPCC president BK Hariprasad said the Supreme Court judgment caused the disaster over SIR of the electoral rolls as it approved the ECI decision to modify Form 6. The Congress leader said they had no objection if the decision on Form 6 was taken by the full commission, but changes were approved despite objections by two election commissioners.
Expressing doubts about getting justice in the SC over the SIR issue, the Congress leader said, “Look at what Supreme Court lawyers in Delhi are saying. People of the country have completely lost faith in the Supreme Court.” He said citizens go to the Supreme Court seeking justice, and it has to protect the Constitution. At a time when there is a threat to democracy, it is not right for the SC to be silent, Hariprasad said.