The Delhi High Court has asked the Election Commission of India (ECI) to file an affidavit on the videography conducted and CCTV footage maintained with regard to EVMs and the guidelines being followed for preserving the video footage of the electoral process.

Justice Sachin Datta issued notice to the commission on the petition filed by the Rampur Lok Sabha contestant, lawyer Mehmood Pracha, who said CCTV footage have a crucial role to play in the event of a challenge to an election.

"The respondent/ECI is directed to file an affidavit as regards the videography/ CCTV coverage which is maintained with regard to the EVMs after the conduct of First Level Check (FLC) till the stage referred to in para 6.1.1(e) [Opening the Strong Room at the time of commissioning of EVMs] of the Manual on Electronic Voting Machine," said the court in an order dated May 10.

"The affidavit shall also indicate the applicable norms/guidelines laid down/ being followed for the preservation of the video/CCTV footage at various stages of the electoral process," added the court.

The petitioner, who fought as an independent candidate from the Rampur Lok Sabha constituency in Uttar Pradesh, said in his plea that after the elections were held there on April 19, he requested the ECI to direct preservation of all relevant videos recorded during the election process but he did not receive any response.

The petition said the Manual on Electronic Voting Machine, issued by the ECI, provides for various safeguards for maintaining transparency of the election process through videography and CCTV coverage.

Asserting that the manual mandates CCTV coverage in EVM warehouses and strong rooms, the petitioner stated that it was imperative to protect the footage for 45 days from the date of the election of the returned candidate in case an election petition has to be filed in terms of Section 81 of the Representation of the People Act.

"The Manual mandates CCTV coverage of the security measures for polled EVM strong rooms. The Manual mandates constant Videography of all the entry points of the Polled EVM strong room. The CCTV footage is imperative in the event of a challenge to the polling results," the petition said.

He therefore prayed for a direction to the ECI 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".

The matter would be heard next on May 16.

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