WB Election Commission Moves Supreme Court Against HC Order For Forensic Audit Of CCTV Cameras By CFSL For Contai Municipality Polls

The Calcutta High Court on Monday was informed by the State Election Commission that a Special Leave Petition (SLP) has been filed before the Supreme Court against the order of the Court directing the Central Forensic Science Laboratory (CFSL), New Delhi to conduct a forensic audit of the CCTV cameras that were used during the recently concluded Contai Municipality elections.

The High Court vide order dated April 26 had observed that notwithstanding the constitutional bar under Article 243-ZG (b) of the Constitution of India, such a direction is required in the 'larger public interest' and to uphold democratic principles. 

"..we are of the opinion that not only to ascertain the compliance of earlier orders of this Court but in the larger public interest and to uphold democratic principles, it is necessary to get forensic audit of CCTV footage of Contai Municipal Election done", the Court had underscored.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Monday while adjudicating upon connected matters was informed by the counsel appearing for the State Election Commission that a SLP has been filed against the earlier order of the Bench directing for a forensic audit by CFSL, Delhi. Accordingly, an adjournment was sought. 

"SLP has been filed, Diary number has been obtained", the counsel appearing for the State Election Commission remarked orally during the proceedings. 

Taking into consideration the prayer sought, the Court adjourned the hearing of the connected matters to June 14 after taking into consideration that the Supreme Court is set to hear the SLP shortly. 

The direction for a forensic audit had been issued 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.

In the impugned order, the Court had directed the State Election Commission to send the CCTV footage of Contai Municipal Election for forensic audit to CFSL, Delhi within 10 days. The State Election Commission had also been ordered to duly mark the concerned polling booth number to which each CCTV camera footage relates before handing the same to CFSL, New Delhi. 

Pertinently, the Court had also 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 Contai Municipality elections.

"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 had recorded in the impugned order. 

Case Title: Mousumi Roy v. West Bengal State Election Commission and other connected matters