EC Cites Privacy, Legal Grounds To Reject Rahul Gandhi’s Demand For Maharashtra Poll Booth CCTV Footage

The Election Commission has cited privacy concerns and legal constraints in declining to release CCTV footage from polling station webcasts, following a request by Congress MP Rahul Gandhi.

Sources indicated that the Commission's refusal comes amid Gandhi's continued allegations that the BJP-led Mahayuti alliance rigged last year's Maharashtra election.

Photo Credit: PTI

"Sharing of the footage, which would enable easy identification of the electors by any group or an individual, would leave both the elector who has voted and the elector who has not voted vulnerable to pressure, discrimination and intimidation by anti-social elements," sources within the Election Commission said.

The Commission also noted that public disclosure of such footage would contravene the legal framework set out in the Representation of the People Act, as well as guidelines laid down by the Supreme Court of India.

Clarifying its position further, the poll body explained that these recordings are strictly for internal monitoring and would only be made available if requested by a court in the context of an election-related case.

Last month, the Election Commission directed state-level officers to destroy video and webcast recordings of the election process 45 days after polling day, provided no legal challenge is filed within that period.

Earlier in June, Gandhi called on the Election Commission to release consolidated, digital electoral rolls for the 2024 Lok Sabha elections and for all state assembly polls, including Maharashtra.

He also urged the release of all CCTV footage recorded after 5 pm on polling day in Maharashtra.

Election Body's Rebuttal

In a detailed rebuttal addressed to the Leader of the Opposition in the Lok Sabha, the Election Commission offered the following points:

Privacy: The Commission stated that, "Just like voting is a right, choosing not to vote is also protected. Sharing videos could expose people who skipped voting for any reason. Cameras at polling booths can show who came and who didn't. This can be misused for profiling, pressure, or even denial of services."

Supreme Court order: The poll body cited a Supreme Court ruling that affirmed not voting as a personal choice, emphasising that "keeping it secret was just as important as keeping your vote secret."

Video footage: The Commission likened CCTV footage to Form 17A, which records details of voters. "That form is highly protected, and so should be the video," it said.

Unauthorised sharing a crime: The Election Commission warned that, "Revealing who voted (or didn't) without legal permission is against the law and can lead to jail time or fines under the RP Act."