LawChakra

Election Rules Row || ‘Maintain CCTV Recordings as Before’ : Supreme Court Orders EC to Preserve Video Clips of Polling

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Today, On 31st January, The Supreme Court has ordered the Election Commission of India (EC) to preserve CCTV footage of polling activities as it was done previously. This decision came after the Court granted further time for a respondent to file an affidavit, while emphasizing the need for maintaining transparency. The Court’s order aims to ensure the integrity of the electoral process and address concerns over possible malpractices.

New Delhi: The Supreme Court directed the Election Commission of India to preserve video recordings of polling activities while the petitions challenging the decision to increase the maximum number of voters per polling station from 1,200 to 1,500 are pending.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar issued the order after the counsel for the Election Commission requested additional time to respond to a public interest litigation (PIL) filed by one Indu Prakash Singh.

Singh has contested the Commission’s communications from August 2024 regarding the increase in voter numbers per polling station in each constituency.

The bench stated,

“The counsel for respondent number 1 prays for further time to file an affidavit. Let the affidavit be filed within three weeks from today. We find it appropriate to direct respondent number 1 to maintain the CCTV recordings as they were doing previously,”

The Supreme Court previously sought responses from the Centre and the Election Commission regarding Congress General Secretary Jairam Ramesh’s plea against recent amendments, which included restrictions on public access to CCTV footage under the 1961 election rules.

Singh argued that the decision to increase the number of voters per polling booth was arbitrary and not supported by any data.

On October 24, the Supreme Court declined to issue a notice to the Election Commission but permitted the petitioner to serve a copy to the Commission’s standing counsel to ensure its stance on the matter is known.

The petitioner contended that the Commission’s decision would adversely affect voters in the upcoming assembly elections in Maharashtra, Bihar, and Delhi. Singh noted that elections typically last for 11 hours, and it takes about 60 to 90 seconds to cast a vote, allowing only 490 to 660 people to vote at a single polling station equipped with one EVM.

With an average voter turnout of 65.70 percent, it was anticipated that a polling station set up for 1,000 electors would see around 650 participants. Singh’s petition highlighted that there were booths with turnout rates between 85 and 90 percent.

The petition stated,

“In such cases, approximately 20 percent of voters may either have to wait in line beyond voting hours or, due to long wait times, choose not to exercise their right to vote. Neither scenario is acceptable in a progressive republic or a democracy,”

The Court also emphasized that these recordings should be preserved until the voter turnout data and any alleged electoral violations were resolved, demonstrating its commitment to electoral reforms and the strengthening of democracy.

This case ignited a wider discussion on electoral transparency, democracy, and the role of technology in ensuring free and fair elections.




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