Contai Municipality elections: Calcutta High Court directs forensic audit of CCTV footage

The Calcutta High Court on Tuesday directed a forensic audit of the CCTV footage from the Contai Municipal Election on allegations that the polling saw incidents of violence and malpractices [Soumendu Adhikari v State of WB]..A bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj found that in spite of the Court’s previous efforts, a free and fair election was not held.“Not only to ascertain the compliance of earlier orders of this Court but in the larger public interest and to uphold democratic principles, it is necessary to get forensic audit of CCTV footage of Contai Municipal Election done,” the order said. The High Court was hearing a public interest litigation (PIL) petition relating to allegations of malpractices such as booth capturing, forged voting, violence etc during the Contai municipal elections..As per the earlier orders of the Court, the State Election Commission was asked to install CCTV cameras at conspicuous spots in all main and ancillary booths across the State and to preserve their footage..The main prayer in the plea was to hold fresh polls to the Contai Municipality by deployment of central paramilitary forces.In light of this, counsel for the State Election Commission and Advocate General SN Mookherjee emphasised that since the main prayer in the petition could not be granted in writ jurisdiction, the interim prayer for an audit could also not be granted..While the Division Bench acknowledged that the election of a municipality could not be called in question except by way of an election petition, at this stage the Court was only attempting to ascertain if the assurance of free and fair elections previously given by the State Election Commission had been fulfilled..The High Court rejected the stand of the Election Commission against an audit as they had earlier expressed no objection to the same, and it ran contrary to their object of holding free and fair elections.“This Court fails to understand as to why the State Election Commission does not want to ascertain if free and fair elections were held or if the allegation of large scale booth capturing, forged voting, etc. is correct,” the bench observed. .It underscored that a direction for forensic audit would not interfere with the election process but, in fact, further the object of the State Election Commission to hold free and fair elections..Therefore, the State Election Commission was directed to send the CCTV footage of Contai Municipal Election for forensic audit to the Central Forensic Science Laboratory (CFSL) within 10 days.The CFSL was asked to find out if booth capturing, EVM tampering, forged voting (chhapa voting), violence, etc had taken place at the polling booths, and then submit a report to the Court in sealed cover..The exercise was directed to be completed with 6 weeks, and the case was listed for further hearing on June 13..[Read Order]