Won't accept lame excuses, produce it: Supreme Court slams ECI for claiming it lost 2023 Karnataka vote-counting video

The Supreme Court on Wednesday pulled up the Election Commission of India (ECI) for claiming that it was unable to trace the 2023 video recording of the counting of votes in Karnataka's Sringeri assembly constituency.

The Court was hearing a case related to the election dispute between Congress leader TD Rajegowda and BJP candidate DN Jeevaraj. Rajegowda had won the assembly elections from Sringeri assembly constituency in 2023 by a narrow margin of 201 votes.

However, the Congress candidate was recently unseated after a recount declared that Jeevaraj had secured more votes.

In May, the top court granted Rajegowda relief by directing that he shall remain the Member of Legislative Assembly (MLA) during the pendency of his plea.

Today, a bench of Justices Sanjay Kumar and Sanjeev Sachdeva expressed surprise after the ECI said that it was unable to trace the video recording of the counting that took place in 2023.

"How can the Election Commission of India (ECI) say that it has lost its record? Your whole purpose is to hold an election, and you need to have a document. Where is the question of you saying, ‘Yeah, we are trying to trace it’? You gave it to the elected candidate. There is no custody of records. Whatever you have, produce it on the next date. Otherwise, we will have to draw an adverse inference against you. We will not accept these kinds of lame excuses," the Court said.

The Court noted that the Congress MLA wants to see the observer's report and video recordings of the original vote counting and the recent recounting.

When the Court said it will direct the ECI to produce these documents and video recordings, Senior Advocate Seshadri Naidu for the ECI said it was unable to trace the video of 2023.

However, the Court was not convinced with the submission.

"Whatever there is produce by the next date of hearing. Otherwise we will have to draw adverse inference against you," the Court said, while posting the matter for hearing on February 15, 2027.

BJP's DN Jeevaraj had earlier challenged Rajegowda's election win through an election petition filed before the Karnataka High Court. 

On April 6, the High Court ordered a recount of postal ballot votes, including a re-verification of 279 rejected postal ballots.

On May 3, 2026, the returning officer formally declared a revised result, in which Rajegowda's votes were reportedly reduced by 255 and Jeevaraj was declared the winning candidate.

This turn of events was then challenged before the Supreme Court by Rajegowda.

In his plea before Supreme Court, Rajegowda argued that the High Court had only ordered the re-verification of 279 rejected postal ballots, while the returning officer illegally reconsidered 562 valid postal ballots that were in Rajegowda's favour.

He also challenged the High Court judgment itself, questioning the need for a recount exercise when it had given findings that were favourable to him with respect to corruption allegations levelled by Jeevaraj against him.

Pertinently, Jeevaraj is facing a criminal case of tampering with postal ballot papers. However, Karnataka High Court in May this year stayed the case against him.