The Delhi High Court asked the Election Commission of India (ECI) to file an affidavit on the videography conducted and CCTV footage maintained with regard to EVMs and the guidelines being followed for preserving the video footage of the electoral process.
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NEW DELHI: The Delhi High Court took a proactive stance by directing the Election Commission of India (ECI) to provide clarification regarding the videography and CCTV footage procedures pertaining to Electronic Voting Machines (EVMs) during electoral processes.
Justice Sachin Datta issued notice to the commission in response to a petition filed by lawyer Mehmood Pracha, a contestant in the Rampur Lok Sabha constituency, who emphasized the critical role of CCTV footage in upholding the integrity of elections.
In an order dated May 10, the court mandated the ECI to submit an affidavit detailing the specifics of videography and CCTV coverage maintained from the First Level Check (FLC) of EVMs to the stage of opening the Strong Room at the time of commissioning of EVMs. Additionally, the affidavit should elucidate the norms and guidelines governing the preservation of video/CCTV footage throughout various stages of the electoral process.
“The respondent/ECI is directed to file an affidavit as regards the videography/ CCTV coverage which is maintained with regard to the EVMs after the conduct of First Level Check (FLC) till the stage referred to in para 6.1.1(e) [Opening the Strong Room at the time of commissioning of EVMs] of the Manual on Electronic Voting Machine,”
-said the court in an order dated May 10.
“The affidavit shall also indicate the applicable norms/guidelines laid down/ being followed for the preservation of the video/CCTV footage at various stages of the electoral process,”
-added the court.
Pracha’s petition highlighted his request to the ECI for the preservation of relevant videos recorded during the April 19 elections in Rampur, Uttar Pradesh, which allegedly went unanswered. Citing the Manual on Electronic Voting Machine issued by the ECI, the petitioner underscored the importance of CCTV coverage in ensuring transparency and accountability in the electoral process.
The petitioner argued that safeguarding CCTV footage for 45 days from the date of the election of the returned candidate is imperative, particularly in anticipation of potential election petitions as per Section 81 of the Representation of the People Act. The manual mandates CCTV coverage in EVM warehouses and strong rooms, emphasizing the significance of preserving such footage in case of challenges to polling results.
“The Manual mandates CCTV coverage of the security measures for polled EVM strong rooms. The Manual mandates constant Videography of all the entry points of the Polled EVM strong room. The CCTV footage is imperative in the event of a challenge to the polling results,”
-the petition said.
He therefore prayed for a direction to the ECI to
“ensure the safeguarding and protection of all the videography and CCTV coverage regarding elections in 7- Rampur Lok Sabha constituency, Uttar Pradesh, including such footage recorded as per clauses 1.3.2, 1.3.4, 2.6, 2.10, 2.12, 2.13, 6.1, 6.1.3, 6.1.4, 8.2, 8.4.8, 9.5 of the Manual on Electronic Voting Machine (Edition 8 August 2023), for 45 days from the from the date of the election of the returned candidate”.
Pracha’s plea sought a directive to the ECI to ensure the protection and retention of all videography and CCTV coverage related to the Rampur Lok Sabha constituency elections, as outlined in various clauses of the Manual on Electronic Voting Machine.
The court scheduled the next hearing for May 16, signifying its commitment to addressing the matter expeditiously and ensuring transparency in the electoral process.
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