Provide Documents Relating To Haryana Assembly Election To Mehmood Pracha: Punjab and Haryana High Court Directs ECI

The Punjab and Haryana High Court on Monday (December 9) directed the Election Commission of India (ECI) to provide required documents of Haryana Assembly Elections to Advocate Mehmood Pracha.

Justice Vinod S. Bhardwaj in his order said, "Taking into the consideration the provisions of the Conduct of Election Rules, 1961, the respondents are directed to supply the copy of the requisite documents, other than the documents qua which a restriction has been imposed under the Conduct of Election Rules, 1961, within a period of 06 weeks of submission of such an application and deposit of the requisite charges by the petitioner."

Pracha had filed the writ petition seeking directions to the ECI and other authorities to supply the entire videography, CCTV footage, and copies of Forms 17- C Parts I and II pertaining to the conduct of Haryana General Legislative Assembly Elections, 2024.

The plea stated that as per the Manual on Electronic Voting Machine, 2023 after the conclusion of the election process, the election material, including the videography, is kept under the custody of the District Election Officer.

Further, the Handbook for Returning Officer, 2023, also provides that such videography must be supplied on an application being made, either by a candidate, or by any other person, it added.

Opposing the plea, the counsel for ECI contended that Pracha is neither a resident of the State of Haryana nor has he contested the election in any Assembly Segment and the present documentation is being sought for malicious intent and purposes.

However counsel representing Pracha contended that as per the provisions of the Conduct of Election Rules, 1961, the only distinction cast between a Candidate and any other person is that while the documents have to be supplied free of cost to a Candidate who contested the election, the documents are to be supplied to any other person subject to payment of the fee as may be so prescribed.

She contended that Pracha is ready and willing to pay the fee as has been prescribed by the competent authority and as such the information, which the respondents are liable to supply under the Conduct of Election Rules, 1961 as well as the instructions issued by the competent authority in this regard, ought to be supplied.

Considering the provisions of the Conduct of Election Rules, 1961, the Court directed the ECI  to supply the copy of the requisite documents, except the documents which are restricted under the Conduct of Election Rules, 1961, within a period of 06 weeks of submission of such an application and deposit of the requisite charges by the petitioner. The plea was disposed of. 

Case Title: Mehmood Pracha v. Election Commission of India and others

Counsel for Petitioner: Advocate Isha Janjua  and Petitioner in person (through V.C.).

Counsel for Election Commission of India: Standing Counsel Prateek Gupta

Counsel For Haryana: Addl. AG Haryana Vivek Saini (through V.C.)

Click here to read/download the order