Daijiworld Media Network - New Delhi
New Delhi, Sept 6: The Election Commission of India (ECI) has strongly refuted allegations made in a video shared by the Congress party’s official social media handle, labelling the content as “misleading” and not compliant with existing electoral laws. The video, dated August 25 and titled ‘Vote Chor – Gaddi Chhod’, has been part of the Congress-led campaign alleging electoral manipulation in recent state elections.
In a fact-check post on X (formerly Twitter), the ECI reaffirmed its stance against releasing CCTV footage from polling stations, citing serious concerns over the secrecy of the ballot, a foundational principle of democratic elections. The Commission warned that public dissemination of such footage could risk voter privacy and expose individuals to coercion, discrimination, or intimidation, by making it possible to identify who voted or abstained.
Legal Context and Court Rulings
The ECI emphasized that the Bombay High Court had already dismissed Writ Petition No. 1402 of 2025, which challenged the Maharashtra Assembly elections and sought public access to polling station CCTV footage. The Supreme Court, too, declined to intervene in the matter, effectively upholding the High Court’s verdict.
Referring to legal procedures, the Commission clarified that under Section 81 of the Representation of the People Act, 1951, any election petition must be filed within 45 days of the result declaration, and CCTV footage is preserved accordingly for that duration.
Citing the Right to Privacy
In defense of its decision, the ECI cited the landmark Puttaswamy judgment (2017) by the Supreme Court, which declared the Right to Privacy a fundamental right under Article 21 of the Constitution, with additional grounding in Articles 14 and 19. This right, the Commission noted, includes bodily privacy, informational privacy, and decisional privacy, all of which apply in the electoral context.
"The ECI stands firmly by the privacy of voters, which is essential to uphold the integrity of elections," the Commission stated in its official post.
Political Backdrop
The slogan 'Vote Chor – Gaddi Chhod' has been widely used by the Congress and its allies during the recently concluded ‘Voter Adhikar Yatra’ in Bihar. The campaign accused the ECI of manipulating voter rolls and election results—charges the Commission has categorically denied.
The ECI reiterated that it functions strictly within the framework of the Indian Constitution, election laws, and Supreme Court rulings, and dismissed the Congress' claims as an attempt to mislead the public and undermine institutional credibility.
This latest clash adds to ongoing tensions between opposition parties and the Election Commission over transparency and trust in the electoral process, especially in the lead-up to upcoming state and national elections.