Just four days before the municipal elections, the Punjab and Haryana High Court directed that CCTV surveillance must cover polling booths both inside and outside. The Bench also ordered full video recording of counting centres and mandated preservation of election footage for one year.
Emphasising accountability in the election machinery, the Bench clarified that any failure of CCTV systems would invite disciplinary action against erring officials. It also directed the Election Tribunal to adjudicate election disputes expeditiously in line with timelines laid down by the Supreme Court.
The directions came on petitions seeking directions to ensure free and fair elections to Municipal Councils/Nagar Panchayats, including installation of CCTV cameras inside and outside polling booths, at counting centres, and at storage facilities where ballot boxes were kept after polling.
Recording the submissions and undertakings of the State, the Bench of Justice Harsimran Singh Sethi and Justice Deepak Manchanda observed: “The State counsel submits that CCTV cameras would be installed inside the polling booths. But keeping in view the instructions issued by the State Election Commission during the previous elections vide notification dated December 20, 2024, wherein CCTV cameras were directed to be installed both inside and outside the polling stations to ensure that no unauthorized person is allowed near the polling stations, the same procedure shall also be followed in the present elections. Meaning thereby, CCTV cameras shall be installed not only inside the polling booths but also outside the polling booths as well.”
On the crucial aspect of vote counting, the Bench observed the State counsel had undertaken that the vote counting centres would be wholly under the coverage of CCTV cameras, and the process of counting the votes would also be recorded through the CCTV cameras.
In a further safeguard, the Bench directed preservation of electronic evidence. “The footage/recordings of such CCTV cameras, including the cameras installed inside and outside the polling booths, shall not be destroyed for a period of one year from the date of conduct of such elections.”
The Bench added the recording/footage of CTV cameras relating to would not be destroyed without Election Tribunal’s prior permission in case an election petition was filed. The court also asserted that the CCTV cameras installed outside and inside the Returning Officer’s room, and its recordings/footage, would also be preserved and not be destroyed without Election Tribunal’s permission or “before lapse of one year from the date of conduct of such elections, whichever is later.”
The Bench held it would be the Returning Officer’s duty to ensure that all CCTV cameras remained functional during the entire election process including counting of votes. “A report in this regard that such cameras are working well will be submitted by the Returning Officer to the State Election Commission upon conclusion of the election process,” the Bench asserted.
Issuing a stern warning regarding malfunctioning systems, the Bench asserted in case any CCTV camera was not functional, “the Returning Officer, along with any other officials found guilty in this regard, will be liable for the consequences thereof.”
Laying down the procedure, the Bench asserted the Punjab State Election Commission would recommend initiation of disciplinary action against the officials to their parent department, which would be bound to “submit a report regarding the action taken against such officials to the Punjab State Election Commission within a period of six months…”
The Bench also ruled that the CCTV cameras would also contain date and time stamps. Before parting, the court asserted the police authorities had already been directed to remain vigilant for conducting smooth elections.
“In case any candidate apprehends any threat to his/her life and approaches the SSP of the area concerned with a representation clearly showing a genuine apprehension, appropriate action will be taken by the SSP concerned…”
