Contai Municipality Polls| Calcutta HC Raps SEC For Its Changed Stance Over Forensic Audit Of CCTV Cameras By CFSL

The Calcutta High Court on Tuesday expressed reservations over the conduct of the State Election Commission for changing its stance regarding the conduct a forensic audit of the CCTV cameras that were used during the recently concluded Contai Municipality elections.

The Court on Tuesday directed the Central Forensic Science Laboratory (CFSL), New Delhi to conduct a forensic audit of the CCTV cameras used during the municipal polls while adjudicating upon a Public Interest Litigation (PIL) petition moved by BJP leader Soumendu Adhikari alleging that large scale violence and rigging of votes had taken place during the recently concluded Contai Municipality elections. Elections to 108 municipalities in the State including the Contai municipality took place on February 27.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj noted that on March 11 when the petition was taken up for hearing, the prayer made by senior advocate Paramjit Patwalia appearing for Adhikari for forensic audit of video footage of CCTV cameras installed in the polling booths had not been objected to by senior counsel Jayanta Mitra appearing for the State Election Commission. 

"Learned counsel for the State Election Commission has no objection to the same as the stand of the learned counsel is that every step should be taken to find out that transparent and fair election were held", the Court had recorded in its order dated March 11. 

However, subsequently, the State Election Commission had changed its stance and opposed such a prayer. Opining that such a change in stance defeats the object of the State Election Commission of ensuring free and fair elections, the Court underscored, 

"The State Election Commission in the earlier proceeding had clearly recorded their no objection for forensic audit, therefore, now the State Election Commissioner is not justified in changing the stand and opposing the prayer. The changed stand of the State Election Commission runs counter to its object of holding and ensuring free and fair election. This Court fails to understand as to why the State Election Commission does not want to ascertain if free and fair elections were held or if the allegation of large scale booth capturing, forged voting, etc. is correct."

The Court further noted that it had earlier reposed confidence in the Commissioner of the State Election Commission while declining the prayer to deploy paramilitary forces and had issued directions to install CCTV cameras and preserve the footage. However, subsequently the Court noted allegations emerged of serious malpractices and violence during the elections of Contai municipality.

It may be noted that the Court had earlier directed that the State Election Commissioner will be personally liable if violence takes place during the municipal polls while declining a prayer by the BJP to deploy central forces during the elections. The State Election Commission had also earlier been directed to take adequate steps to preserve CCTV cameras and CCTV footage pertaining to elections of the Contai municipality.

Opining that forensic audit of the CCTV cameras is necessary to ascertain whether prior directions of the Court has been complied with, the Court remarked, 

"So far as the objection of respondents that when main relief in the petition itself cannot be granted then the direction to hold the forensic audit also should not be issued, we are of the opinion that at this stage, this Court has the responsibility to ascertain if the direction issued by this Court earlier has been complied with by the State Election Commissioner as the earlier direction to preserve CCTV footage of polling was not an empty formality."

The Court further observed that at the present stage it is only considering the limited prayer of conducting forensic audit of preserved CCTV footage and that such a prayer instead of interfering in the election process actually furthers the object of the State Election Commission to hold free and fair elections. 

It was also opined that although there is no dispute that the election of a municipality cannot be called in question except by way of an election petition, the scope of the present case is different as the Court is not considering the prayer for setting aside the election but only intending to ascertain if the assurance given to the Court by the State Election Commissioner while opposing the prayer for deployment of the paramilitary forces has been fulfilled and free and fair elections have been held.

Accordingly, on Tuesday, the CFSL was ordered to carry out the forensic audit of CCTV footage and ascertain if booth capturing, EVM tampering, forged voting (chhapa voting), violence, etc. had taken place in the respective polling booths as alleged. 

A forensic audit report was directed to be submitted by CFSL, Delhi in this regard within a period of 6 weeks. The matter is slated for further hearing on June 13.

The Election Commission of India (ECI) had earlier declined to conduct the forensic audit of the CCTV cameras used in the municipal polls by underscoring that it has no prior experience in conducting such an exercise and that the State Election Commission has the sole Constitutional mandate to oversee such exercises pertaining to the municipal polls.

According to various newspaper reports, the civic polls to 108 municipalities in West Bengal was marred by widespread violence. It was reported that throughout the day yesterday, reports of intimidation allegedly by the ruling Trinamool Congress (TMC) workers, electoral malpractices and attack on journalists emerged from various parts of the State.

Also Read: Contai Municipality Polls: Calcutta HC Orders CFSL To Conduct Forensic Audit Of CCTV Cameras, Report To Be Submitted Within 6 Weeks

Case Title: Soumendu Adhikari v. State of West Bengal

Case Citation: 2022 LiveLaw (Cal) 142

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