Delhi High Court - Orders
Mehmood Pracha vs Election Commission Of India on 16 May, 2024
Author: Sachin Datta
Bench: Sachin Datta
$~94
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6532/2024
MEHMOOD PRACHA ..... Petitioner
Through: Mr. R.H.A. Sikander, Mr. Jatin Bhatt,
Mr. Sanawar, Mohd. Shameem and
Ms. Nujhat Naseem, Advocates with
petitioner in person.
versus
ELECTION COMMISSION OF INDIA ..... Respondent
Through: Mr. Sidhant Kumar and Mr. Om
Batra, Advocates for ECI.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 16.05.2024
1. The present petition has been filed by the petitioner, inter-alia, seeking the following prayer:
"a) Issue a Writ of Mandamus or any other Writ in the nature of Mandamus directing the Election Commission of India to ensure the safeguarding and protection of all the videography and CCTV coverage regarding elections in 7- Rampur Lok Sabha constituency, Uttar Pradesh, including such footage recorded as per clauses 1.3.2, 1.3.4, 2.6, 2.10, 2.12, 2.13, 6.1, 6.1.3, 6.1.4, 8.2, 8.4.8, 9.5 of the Manual on Electronic Voting Machine (Edition 8 August 2023), for 45 days from the from the date of the election of the returned candidate;
..."
2. An affidavit has been filed on behalf of the respondent/ ECI in which the respondent has set out in elaborate detail, the steps taken by the respondent/ECI for preservation of videography/CCTV coverage at various stages of the electoral process. The relevant portion of the affidavit is This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 00:43:56 reproduced as under:
"A. Recording and preservation of videography and CCTV coverage of all the stages of election :
8. 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. These instructions are collectively referred to as "Guidelines". The time period for recording and preservation of records are enumerated in the Guidelines as set out below:
a. First Level Check ("FLC"):
Once the election is eminent, FLC is conducted for all the EVMs proposed to be used in the elections. As per the EVM Manual and instructions dated 13 March 2020, 13 September 2022 and 19 June 2023, this check is carried out in the presence of representatives of recognized political parties at various locations. After the completion of FLC, each control unit is sealed with a pink paper seal which is signed by political parties and thereafter stored in strong rooms which are thereafter sealed in the presence of representatives of recognised political parties under videography. This entire process IS videographed and all recordings pertaining to FLC including CCTV coverage and videography is preserved for a period of forty-five (45) days after declaration of result or till adjudication of the Election Petition , whichever is later.
b. CCTV coverage for EVMs warehouse/ strong rooms:
The Guidelines and EVM Manual require surveillance of the strong rooms, where EVMs are stored after FLC, by installation of CCTVs. It further provides surveillance of the strong room doors having double lock system and corridor, including the entry and exit. Such CCTV cameras have DVR storage for at least thirty (30) days recording at a time. Any opening or closing of the warehouse/ strong room for any purpose is videographed and preserved as per the EVM Manual and Guidelines. The storage of EVMs in the strong rooms is supervised by election officers who also prepare periodic inspection report. Further, the armed police security is always This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 00:43:56 deputed outside the strong rooms.
c. First Randomization:
The EVMs are first randomized after announcement of elections and distributed amongst assembly parliamentary constituencies after opening of the strong rooms in the presence of representatives of recognized political parties under videography. This process is undertaken to ensure that no person is able to determine the final destination of any particular EVM. After first randomization , EVMs are stored in strong rooms across assembly segments which are sealed after storage of EVMs in the presence of representatives of recognized political parties under videography. This entire process is subject to CCTV coverage and videography. The recording of this process is preserved for a period of forty five (45) days after declaration of result or till adjudication of the Election Petition, whichever is later.
d. Second Randomization:
After the list of contesting candidates is finalized in terms of Section 38 of the RP Act, the returning officer in each constituency conducts a second randomization of EVMs in presence of all contesting candidates. This entire process is video graphed and preserved for a period of forty-five (45) days after declaration of result or till adjudication of the Election Petition, whichever is later.
e. Commissioning of EVMs/ candidate setting:
After second randomization, strong rooms are opened in the presence of candidates/their representatives under videography and EVMs are taken out for preparation of commissioning for poll in their presence. After commissioning of EVMs, they are again stored in the strong room in the presence of candidates/their representatives under videography. This process is also video graphed and preserved for a period of forty-five (45) days after declaration of result or till adjudication of the Election Petition, whichever is later.
f. Dispersal of EVMs:
On dispersal day EVM strong room is opened in the presence of candidates/their representatives under videography. Thereafter, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 00:43:56 EVMs are transported to polling stations as per various security procedures prescribed in the EVM Manual. This dispersal process is also video graphed and preserved for a period of forty-five (45) days after declaration of result or till adjudication of the Election Petition, whichever is later.
g. 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. This footage is also preserved for a period of forty-five (45) days after declaration of result or till adjudication of the Election Petition, whichever is later.
h. Storage of EVMs after polling:
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. This process is videographed and preserved for a period of forty-five (45) days after declaration of result or till adjudication of the Election Petition, whichever is later. Further, all entry and exit points of these strong rooms are constantly video graphed.
i. Counting:
Every stage of counting including the opening of strong rooms, transfer of EVMs to counting hall, randomization for counting and all other subsequent steps undertaken for counting as per the Guidelines and EVM Manual is videographed. After conclusion of counting, EVMs are returned to strong rooms where they are stored and sealed in the presence of candidates/their representatives. This entire process is videographed and preserved for a period of forty- five (45) days after declaration of result or till adjudication of the Election Petition, whichever is later.
That in addition to the above videography and CCTV coverage, ECI also records nomination of candidates , scrutiny and withdrawal of candidatures which is preserved for a period of forty-five (45) days after declaration of result or till adjudication of the Election Petition, whichever is later.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 00:43:56 The true and correct copy of the Manual on Electronic Voting Machine (Edition 8) August 2023 is annexed as ANNEXURE R-2. The true and correct copy of the Instructions dated 13 March 2020 is annexed as ANNEXURE R-3. The true and correct copy of the Instructions dated 13 September 2022 is annexed as ANNEXURE R-
4. The true and correct copy of the Instructions dated 19 June 2023 is annexed as ANNEXURE R-S."
3. In view of the aforesaid affidavit filed by the respondent/ECI, the petitioner confines himself to seeking that the aforementioned procedure(s)/ protocol(s) for preserving the videography/CCTV footage as per the Manual on Electronic Voting Machine (Edition 8) August 2023 be followed in respect of the 7 Rampur Lok Sabha Constituency in UP as well.
4. Learned counsel for the respondent does not oppose the aforesaid submission of the petitioner. He submits that in any event, the respondent/ ECI is bound to follow the aforesaid protocol in respect of the electoral process in every Lok Sabha constituency. The above statement is taken on record.
5. In view thereof, no further relief is pressed for by the petitioner.
6. The present petition is accordingly disposed of in the above terms.
SACHIN DATTA, J MAY 16, 2024 PB This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 00:43:56