[Kolkata Municipal polls] Preserve CCTV footage, EVM control units: Calcutta High Court to Election Commission

The Calcutta High Court on Thursday asked the Election Commission to preserve the CCTV footage at all polling stations of the recently held Kolkata Municipal Corporation elections [BJP and ors. vs. State of West Bengal and ors.]

. A Bench of Chief Justice Prakash Shrivastava and Rajarshi Bharadwaj also directed that control units of all Electronic Voting Machines (EVMs) and records from polling booths be preserved.

In this regard, the following directions were issued:

" (i) The respondent State Election Commission is directed to preserve CCTV footage of all polling stations of Kolkata Municipal Corporation Elections held on 19th December, 2021.

(ii) The State Election Commission is also directed to preserve the diaries of the presiding officer and register containing the thumb impression/ signature of voters of all the polling booths in a sealed cover with immediate effect.

(iii) The State Election Commission is directed to preserve the control unit of EVM machines in terms of Rules 61N of the Rules of 1995 without any delay.

(iv) State Election Commission is also directed to preserve voting record prepared from the EVM in terms of Rules 61N until further orders."

With respect to the upcoming polls which are yet to be held, the following direction was issued:

"For the forthcoming elections of the remaining Municipal Corporations/Municipal Councils, local bodies, in order to maintain the transparency and fairness, we direct that the State Election Commission shall take steps to install CCTV cameras at conspicuous spots in all main and ancillary booths across the State and will preserve the CCTV footages so that in case of need it can be sent for audit."

The Court was hearing a bunch of petitions filed by Bharatiya Janata Party (BJP) and others regarding the conduct of civic polls in West Bengal.

The Court had earlier refused to stay the Kolkata corporation polls and asked the State Election Commission to state the time schedule and phases of the remaining civic polls.

At the hearing, the Advocate General (AG) put on record that polls for the remaining municipal corporations and municipalities will be held on February 22 and 29, 2022 respectively. The Court noted that the prayer in respect of simultaneous polls to the remaining civic bodies does not now stand.

The petitioners raised the issues of alleged rigging, poll-related violence, need for central paramilitary forces, and complicity of State Police in forcing voters to vote for the ruling party, destruction of EVMs, malfunctioning CCTV cameras and other such malpratices that allegedly occured during the recent polls and will.

The AG submitted that the polls were conducted as per law and rules, and that the State would take all efforts to preserve the records of proceedings and the control units of the EVMs. Further, he stated that FIRs have been registered with respect to violence in 2 wards.

The AG also argued that there is an absolute bar in examining the validity of a civic poll except by way of a election petition, as per the Supreme Court decision in State of Goa and Another vs. Fouziya Imtiaz Shaikh and Another .

. The Bench stated that the petitioners are free to make representations to the election authorities for deployment of central paramilitary forces as and when the polls to the remaining civic bodies are notified. It allowed the petitioners to file exceptions to the reports placed on record by the AG regarding safety and conduct of the polls.

The Court also said it would examine the constitutional validity of the challenges after the completion of pleadings and listed the matter for further hearing on January 6, 2022.

. [Read Order]

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[Kolkata Municipal polls] Preserve CCTV footage, EVM control units: Calcutta High Court to Election Commission

Abhimanyu Hazarika

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