SC stays Calcutta HC’s order directing forensic audit of CCTV footage of Contai municipal polls

New Delhi [India], May 9 (ANI): The Supreme Court on Monday stayed a Calcutta High Court order directing the West Bengal State Election Commission to send CCTV footage of Contai municipal elections for a forensic audit to the Central Forensic Science Laboratory (CFSL) here.

A bench of Justices DY Chandrachud and Surya Kant stayed the April 26 order of the High Court and also issued notice to Soumendu Adhikari, former chairman of Contai municipality and others and sought their responses.

It said that such an order which amounts to verifying the sanctity and correctness of the election results, can be passed only in an election petition and not in a Public Interest Litigation (PIL) petition.
The bench stated the High Court order saying “Our democracy rests on the faith of common citizen”.

“Any post-electoral intervention has to be dealt with in accordance with the process known to the law, otherwise this will set a dangerous precedent across the political spectrum. This will happen across the country and that too on a PIL. As a constitutional court, we are not concerned only about the Contai elections,” the apex court observed.

The Supreme Court has no problem with earlier orders passed by the High Court like directing CCTV installation and appointment of observers as it was for ensuring free and fair election but in post-electoral situations, it has to be on the election petitions, the bench said.

The bench asked Adhikari, who filed the PIL in the High Court, to consider withdrawing the petition before the High Court. The apex court was hearing an appeal filed by the West Bengal State Election Commission against the order of the High Court passed which directed a forensic audit of the CCTV footage from the Contai Municipal elections on allegations that the polling saw incidents of violence, booth capturing, EVM tampering and forged voting.

Adhikari, in his plea before the High Court, alleged malpractices such as booth capturing, forged voting, and violence during the elections held on February 27 and sought direction for an order to hold fresh polls in the municipality by deploying central forces.

He had also asked for a forensic audit of CCTV footage of the Contai municipal election. The High Court while hearing the PIL alleging serious malpractices during the Contai municipal poll had directed the SEC to send CCTV footage for a forensic audit to CFSL, Delhi. The High Court had said that the exercise will have to be completed within six weeks and ordered the CFSL to submit the forensic audit report to it in a sealed cover.

In January last year, Soumendu Adhikari joined BJP after quitting the ruling Trinamool Congress following in the footsteps of his elder brother and Leader of Opposition Suvendu Adhikari. (ANI)