Can't Make Lame Excuses: Top Court Pulls Up Poll Body Over Missing Footage

The Supreme Court on Wednesday pulled up the Election Commission of India over its inability to trace the video recording of the counting in Karnataka's Sringeri Assembly constituency in 2023, stressing that it would not accept "lame excuses". 

The court questioned how the poll body could say it had lost records of an election it had conducted. 

The bench of Justices Sanjay Kumar and Sanjeev Sachdeva expressed strong displeasure after the counsel for the Election Commission informed the court that the footage of the original counting could not be traced. 

The court directed the Commission to produce whatever records it has at the next hearing, warning that it could draw an adverse inference if the documents were not produced.

"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 court was hearing 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.

The result was subsequently challenged by BJP candidate Jeevaraj before the Karnataka High Court. The high court later directed a recount of postal ballots, including the reverification of 279 rejected postal votes.

Following the recount, the Returning Officer announced a revised result in which Jeevaraj was declared the winner. Rajegowda then approached the Supreme Court challenging the development.

In May, the Supreme Court granted interim relief to Rajegowda, directing that he continue as the Member of the Legislative Assembly while his plea remained pending.

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 bench posted the matter for further hearing on February 15, 2027.