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Synopsis

Recently, the Delhi High Court directed the Election Commission of India (ECI) to submit an affidavit regarding the videography and CCTV footage procedures concerning Electronic Voting Machines (EVMs) and the guidelines for preserving the recorded footage of the electoral process. 

The bench of Justice Sachin Datta ordered, “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) of the Manual on Electronic Voting Machine (Edition 8 August 2023)”.

Advocate R.H.A. Sikander, representing the petitioner, highlighted that despite his request for the preservation of relevant videos following the April 19 elections, he received no response from the ECI. He referred to the Manual on Electronic Voting Machines issued by the ECI, which emphasizes safeguards for transparency, including CCTV coverage in EVM warehouses and strong rooms.

Advocate Sikander stressed the importance of protecting the footage for 45 days after the election, as per the Representation of the People Act, particularly in the case of potential election petitions. He underscored the manual's requirement for CCTV coverage in EVM strong room security measures and constant videography of entry points, stating their necessity in case of disputing polling results.

Consequently, he sought a court direction for the ECI to safeguard and protect all videography and CCTV coverage related to the Rampur Lok Sabha elections, in accordance with specific clauses of the Manual on Electronic Voting Machine, for the specified duration. 

The court, therefore, mandated the ECI to detail the processes of videography and CCTV coverage from the First Level Check (FLC) stage to the opening of the Strong Room during EVM commissioning. Additionally, the court noted that the affidavit should outline the applicable norms and guidelines for preserving the video footage throughout different stages of the electoral process.

Accordingly, the court listed the matter for May 16.

Case Title: Mehmood Pracha v Election Commission Of India (W.P.(C) 6532/2024)