High Court directs Election Commission of India to supply entire videography, CCTV footage, copy of form 17C Part I, Part II of all legislative seats

Punjab and Haryana High Court has directed the officials of the Election Commission of India to supply to me the entire videography, CCTV footage and copy of form 17C Part I and Part II of all 90 seats of the Haryana Legislative Assembly Elections of 2024. In Mehmood Pracha vs. Election Commission of India and others 2024), the petitioner contended that as per the provisions of the Conduct of Election Rules, 1961 under  the Representation of the People Act, 1951, the only distinction cast between a candidate and any other person is that while the documents have to be supplied free of cost to a Candidate who contested the election, the documents are to be supplied to any other person subject to payment of the fee as may be so prescribed.

Notably, Rule 93 of the Conduct of Election Rules deals with the production and inspection of election papers. Rule 93(2) reads:"Subject to such conditions and to the payment of such fee as the Election Commission may direct,—(a) all other papers relating to the election shall be open to public inspection; and (b) copies thereof shall on application be furnished." This provision was added in December 23, 1971.

Rule 93(1) of the Conduct of Election Rules reads: "While in the custody of the district election officer or, as the case may be, the returning officer—(a) the packets of unused ballot papers with counterfoils attached thereto; (b) the packets of used ballot papers whether valid, tendered or rejected; (c) the packets of the counterfoils of used ballot papers; (cc) the printed paper slips sealed under the provisions of rule 57C; (d) the packets of the marked copy of the electoral roll or, as the case may be, the list maintained under sub-section (1) or sub-section (2) of section 152; and 3 (dd) the packets containing registers of voters in form 17-A; (e) the packets of the declarations by electors and the attestation of their signatures, shall not be opened and their contents shall not be inspected by, or produced before, any person or authority except under the order of a competent court." The provision regarding Form 17-A was inserted on March 24, 1992 which became effective from July 17, 1992. 

Form 17C read with Rules 49S and 56C (2) deals with account of votes records. This Form was inserted in the Rules on August 14, 2013. Rule 49S reads: "Account of votes recorded.—(1) The presiding officer shall at the close of the poll prepare an account of votes recorded in Form 17C and enclose it in a separate cover with the words ‘Account of Votes Recorded’ superscribed thereon. (2) The presiding officer shall furnish to every polling agent present at the close of the poll a true copy of the entries made in Form 17C after obtaining a receipt from the said polling agent therefor and shall attest it as a true copy."

Rule 56C deals with counting of votes. Rule 56C (2) reads: As the votes polled by each candidate are displayed on the control unit, the returning officer shall have,—(a) the number of such votes recorded separately in respect of each candidate in Part II on Form 17C:Provided that the test vote recorded, if any, for a candidate, as per item 5 in Part I of Form 17C, shall be subtracted from the number of votes recorded for such candidate as displayed on the control unit; (b) Part II of Form 17C completed in other respects and signed by the counting supervisor and also by the candidates or their election agents or their counting agents present; and (c) corresponding entries made in a result sheet in Form 20 and the particulars so entered in the result sheet announced."

The High Court's order reads: "Taking into the consideration the provisions of the Conduct of Election Rules, 1961, the respondents are directed to supply the copy of the requisite documents, other than the documents qua which a restriction has been imposed under the Conduct of Election Rules, 1961, within a period of 06 weeks of submission of such an application and deposit of the requisite charges by the petitioner." The case was registered on December 5, 2024. The judgement was authored by Justice Vinod S. Bhardwaj.