The Madra High Court disposed of a writ petition seeking preservation of election CCTV footage. The Court directed preservation for 60 days from October 13, 2021. An additional writ petition was closed with no order on costs.
Video footage preserved for 60 days beginning October 13, 2021, subject to extension; other petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WP No.23102 of 2021
and WMP No.24345 of 2021
Naseembee .. Petitioner
Vs.
1. The State Election Commissioner,
Tamilnadu State Election Commission,
208/2, Jawaharlal Nehru Salai,
(Opp. to Koyambedu Bus Terminus), Arumbakkam, Chennai 600 106.
2. The District Collector, Collector Office, Kallakurichi District 606 202.
3. Block Development Officer (Election Officer)/The Returning Officer, SH-69, Ulumdurpet Taluk,
Ulundurpettai, Kallakurichi District 606 107.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus directing the
respondents to keep and safe the CCTV and videography footages
until disposal of the Election Original Petition will be filed
before Prl. Dist. Court, Villupuram and take necessary action on
the petitioner representation dated 15.10.2021.
For the Petitioner : Mr.K.Gangadaran
For the Respondents : Mr.Sivashanmugasundaram
Stdg. Counsel for R-1
: Mr.P.Muthukumar
State Government Pleader
for RR 2 and 3
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
The prayer in the petition is for preservation of the
video footage of the CCTV in respect of the local body elections
conducted recently.
2. It is submitted by Mr.P.Muthukumar, learned State
Government Pleader, that it is the practice that all the video
footage pertaining to the election to the local bodies is
preserved for a period of 45 days after the date of announcement
of the results. The results have been announced on October 12,
2021.
3. Mr.Sivashanmugasundaram, learned standing counsel,
takes notice on behalf of the first respondent and submits that
all election officers have taken custody of the video footage
and have been instructed by the State Election Commissioner to
preserve the same for the 45-day period.
4. In view of such submission, WP No.23102 of 2021 is
disposed of by directing the video footage to be preserved for a
period of 60 days beginning October 13, 2021, subject to the
order for further extension that may be passed by any
appropriate authority. It will also be open to the relevant
courts in receipt of a complaint pertaining to any malpractice
in course of the election to any constituency, to immediately
call for the video footage so that the same may be preserved
notwithstanding the general rule for destroying the same after
45 days from the announcement of the results.
WMP No.24345 of 2021 is closed. There will be no order as
to costs.
Sd/-
Assistant Registrar (CS-II)
// True Copy //
Sub Assistant Registrar
sra
To:
1. The State Election Commissioner, Tamilnadu State Election Commission, 208/2, Jawaharlal Nehru Salai,
(Opp. to Koyambedu Bus Terminus), Arumbakkam, Chennai 600 106.2. The District Collector, Collector Office, Kallakurichi District 606 202.
3. The Block Development Officer (Election Officer)/The Returning Officer, SH-69, Ulumdurpet Taluk,
Ulundurpettai, Kallakurichi District 606 107.+1CC to Mr.K.Gangadaran, Advocate, SR.No. 56028
WP No.23102 of 2021
SRA(CO)
B.VC (08/11/2021)
2 issues framed by the court
Whether a Writ of Mandamus should be issued directing respondents to preserve CCTV footage pending election original petition.
Whether video footage should be retained beyond the normal 45-day period after result announcement.
1 provisions across 1 enactments
Naseembee
The State Election Commissioner
The District Collector
The Block Development Officer
Sanjeev Banerjee
P.D.Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court