The Supreme Court on Wednesday pulled up the Election Commission of India (ECI) for failing to trace the original video recording of vote counting in Karnataka's Sringeri Assembly constituency during the 2023 elections, warning that it would not accept “lame excuses”.
The court questioned how the poll body could claim that records of an election it had conducted were missing and expressed strong displeasure after the Commission's counsel informed the bench that the footage of the original counting could not be traced.
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A bench of Justices Sanjay Kumar and Sanjeev Sachdeva directed the Election Commission to produce whatever records it has at the next hearing. It also warned that it could draw an adverse inference if the documents were not showed.
"How can the Election Commission of India say that it has lost the records? Your whole purpose is to hold an election, and you need to have a document. Where is the question of you saying we are trying to trace it?" the bench asked.
"We will not accept these kinds of lame excuses," it remarked,
The matter concerns a plea filed by Congress leader TD Rajegowda, who has challenged the revised election result for the Sringeri constituency. Rajegowda had initially won the seat in the 2023 Karnataka Assembly elections.
How The Sringeri Election Result Changed
The result was subsequently challenged by BJP candidate Jeevaraj before the Karnataka High Court. The High Court later ordered a recount of postal ballots, including the reverification of 279 rejected postal votes.
Jeevaraj was declared the winner by the Returning Officer after the recount. Rajegowda subsequently went to the Supreme Court to contest the updated decision.
The Supreme Court ordered Rajegowda to remain a member of the Legislative Assembly while his appeal was pending in May, granting him temporary reprieve.
Rajegowda Seeks Election Records
Rajegowda has sought access to the election observer's report and video recordings of both the original counting conducted in 2023 and the recount held this year.
The missing footage of the original counting came up during Wednesday's hearing, prompting the bench to question the Election Commission over its inability to trace the records.
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The court directed the Commission to submit the available documents and warned of possible adverse consequences if the records were not produced.
The bench posted the matter for further hearing on February 15, 2027.
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