
ECI cites law and privacy to deny CCTV access as Rahul Gandhi alleges match-fixing
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ECI cites law and privacy to deny CCTV access as Rahul Gandhi alleges match-fixing
The Election Commission of India (ECI) has refuted allegations from Rahul Gandhi regarding changes in rules concerning CCTV footage from polling booths. The ECI emphasizes that sharing such footage would compromise voter privacy and security, contravening legal provisions and Supreme Court directives. The Congress leader had earlier in the day posted on social media platform X, reiterating his allegations of “match fixing” under the EC’s watch and accusing it of trying to hide “evidence” The EC, however, maintained that it is “legally bound and committed to protect the privacy of electors and secrecy of voting”, and that polling station video footage cannot be provided to any person, candidate, NGO, or third party without the express consent of the elector.
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With Leader of Opposition Rahul Gandhi once again raising questions over the Election Commission amending rules to avoid sharing polling booth CCTV footage, the poll panel on Saturday strongly rejected the charge, saying the very idea was “entirely contrary to the privacy and security concerns of voters, the legal position laid down in the Representation of the People Acts, 1950 and 1951, and the directions of the Hon’ble Supreme Court of India”.It added that safeguarding the interests of electors and maintaining their privacy and secrecy was of prime concern-even if some political parties or interest groups “mount pressure” on the Commission “to abandon laid down procedures or ignore the security concerns of electors”.The Congress leader had earlier in the day posted on social media platform X, reiterating his allegations of “match fixing” under the EC’s watch and accusing it of trying to hide “evidence”.The EC, however, maintained that it is “legally bound and committed to protect the privacy of electors and secrecy of voting”, and that polling station video footage cannot be provided to any person, candidate, NGO, or third party without the express consent of the elector(s).The Commission said that webcasting at polling booths on voting days is essentially “an internal management tool” for monitoring poll-day activities, and the footage can only be provided under court orders.”ECI is ready to provide the same to the competent court-i.e. the Hon’ble High Court-when directed in an Election Petition filed to challenge an election, as the court is also a custodian of individual privacy,” the EC said.It noted that both videography and Form 17A contain information critical to maintaining the secrecy of voting, as they record the sequence in which electors enter polling stations and their photo/identity.Form 17A is mandated to be provided only under orders of a competent court under Rule 93(1) of the Conduct of Election Rules, 1961. Therefore, video footage can also only be shared under court orders, the Commission said.It also warned that sharing footage could enable “easy identification of electors by any group or individual”, potentially leaving both those who voted and those who did not vulnerable to “pressure, discrimination, and intimidation by anti-social elements”.For instance, if a political party received fewer votes at a particular booth, it could use CCTV footage to identify who voted or abstained-and then harass or intimidate voters, the EC noted. It added that violation of voting secrecy is a punishable offence under Section 128 of the Representation of the People Act , 1951.The Commission also defended its decision to reduce the CCTV footage retention period from one year to 45 days, saying this aligns with the time limit for filing an Election Petition (EP) after election results are declared.Since no election can be challenged beyond 45 days of result declaration, retaining footage beyond this period would make it “susceptible to misuse by non-contestants for spreading misinformation and malicious narratives”, the EC said.It clarified that in cases where an EP is filed within 45 days, the footage is not destroyed and is made available to the competent court when required.