ECI Informs Delhi High Court About Norms On Recording And Preservation Of CCTV Footage, Videography During Polls

The Election Commission of India (ECI) has told the Delhi High Court that the constitutional body has ensured free and transparent elections by adopting numerous safeguards and security measures for the usage of Electronic Voting Machines (EVMs) in the electoral process.

The ECI has made the submission while opposing a plea moved by lawyer Mehmood Pracha, who contested the ongoing Lok Sabha Elections from Uttar Pradesh's Rampur constituency as an independent candidate, seeking preservation of all videography and CCTV footage recorded during the election process.

The polling in Rampur was held on April 19. On April 29, Pracha wrote to ECI for preservation of the CCTV and video footages. However, no response was received by him.

While opposing his plea, the ECI has filed its counter affidavit describing in detail the recording and preservation of videography and CCTV coverage of all the stages of election.

“That ECI mandates videography and installation of CCTV in relation to the entire election process and this record is maintained/ preserved based on various instructions issued by the ECI from time to time. The instructions relating to the preservation of videography and CCTV coverage are stipulated in the EVM Manual, Instructions dated 13 March 2020, 13 September 2022 and 19 June 2023,” the affidavit states.

It adds that the first level check is conducted for all EVMs proposed to be used in the elections after which each control unit is sealed and stored in strong rooms. The process is videographed and the footage is preserved for 45 days after declaration of result or till adjudication of election petition, whichever is later.

The affidavit further states that CCTV cameras are installed in the store rooms where EVMs are installed after first level check with DVR storage for atleast 30 days recording at a time.

The video recording of the following processes are is preserved for 45 days after declaration of result or till final adjudication of an election petition:

- First randomization of EVMs after announcement of elections. EVMs are distributed amongst assembly or parliamentary constituencies after opening of the strong rooms in the presence of representatives of recognised political parties under videography.

- The returning officer in each constituency conducts a second randomization of EVMs in presence of all contesting candidates.

- After second randomization, strong rooms are opened in the presence of candidates or their representatives under videography and EVMs are taken out for preparation of commissioning for poll in their presence.

- On dispersal day, EVM strong room is opened in the presence of candidates or their representatives under videography. Thereafter, EVMs are transported to polling stations.

- At least 50% of polling stations, which are considered vulnerable polling stations, are subject to CCTV coverage and videography. This videography is conducted while taking due precaution for the secrecy of voting.

- Each of the EVMs which are deployed including used, unused and damaged are stored in strong rooms. These strong rooms are sealed again in the presence of candidate/their representatives under videography.

- Every stage of counting is videographed. After conclusion of counting, EVMs are returned to strong rooms where they are stored and sealed.

The ECI has further informed court that it has been preserving all the CCTV and videography records as per the applicable instructions till date. It has further undertaken to continue to do so till the completion of the electoral process.

“Considering this position, the Petitioner's plea to seek preservation of records in relation to stages of the electoral procedure that are already over, where preservation is not required for more than a period of thirty (30) days cannot be granted,” the response states.

The matter is listed for hearing tomorrow before Justice Sachin Datta.

Title: Mehmood Pracha v. Election Commission of India