The Supreme Court of India has sharply reprimanded the Election Commission of India (ECI) after it claimed it was unable to locate video footage of the vote counting from the 2023 Karnataka Assembly election in Sringeri constituency. The directive comes during a legal battle between Congress’s TD Rajegowda and BJP’s DN Jeevaraj over the narrow margin of victory in that election.
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## Contesting Victory: Rajegowda vs. Jeevaraj
In 2023, TD Rajegowda of the Congress won the Sringeri seat by just 201 votes. However, after a court-ordered recount, DJ Jeevaraj of the BJP was declared the winner. Rajegowda immediately challenged this reversal in the Supreme Court. He argued that the Karnataka High Court erred by going beyond its mandate: ordering re-verification of 279 rejected postal ballots after finding corruption allegations to be unfounded, then moving to reconsider 562 valid postal ballots in his favour.
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## The Lost Recording: ECI’s Stance
When asked to present the original video of vote counting from 2023 and recordings from the recent recount, ECI claimed it “could not trace” the former. This assertion drew sharp criticism from the top court. Justices Sanjay Kumar and Sanjeev Sachdeva expressed disbelief that an institution charged with overseeing elections would misplace such essential evidence. The court demanded that ECI produce whatever video or documentation is available in its custody by the next hearing, threatening to draw adverse inferences against it if it fails to comply.
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## Supreme Court Intervenes
Presiding over the case, Justices Sanjay Kumar and Sanjeev Sachdeva addressed the ECI directly: “How can the Election Commission… say that it has lost its record? Your whole purpose is to hold an election, and you need to have a document.” Emphasis was placed on the fact that any existing records—observer reports or recordings—must be produced in court. No excuses will be accepted, and the next hearing has been scheduled for **February 15, 2027**.
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## Timeline of Key Events
– **2023**: State assembly election held; TD Rajegowda wins Sringeri by 201 votes.
– **April 6, 2026**: Karnataka High Court orders recounting of postal ballots and re-verification of 279 rejected postal ballots.
– **May 3, 2026**: Returning officer submits revised count; Rajegowda loses by an unspecified margin after 255 votes are reduced and Jeevaraj is declared the winner.
– **May 2026–October 2026**: Rajegowda files an appeal in the Supreme Court. The ECI claims it lost the 2023 video recording when asked to produce evidence.
– **October 14, 2026**: Supreme Court orders ECI to produce all available recording materials by the next hearing; warns of adverse inferences.
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## Why the Evidence Matters
The disputed video and observer report could clarify crucial aspects:
– Whether any irregularities occurred during the original count.
– If the recount was conducted as mandated.
– Accountability of the ECI in preserving official records.
Rajegowda’s petition alleges mishandling of valid postal ballots and improper scope in recounting, making documentation essential to resolving the dispute.
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## Related Issues & Legal Considerations
– **Criminal allegations**: Jeevaraj faces allegations of tampering with postal ballots. Yet, the Karnataka High Court put those proceedings on hold in May 2026.
– **Judicial oversight of election administration**: The Supreme Court’s approach reinforces the idea that documenting and retaining election evidence isn’t optional—it’s legally binding.
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## What’s Next
The Supreme Court will hear the case again on February 15, 2027. By that date, ECI must:
– Submit all accessible video footage of counting from 2023.
– Produce the observer report and recordings of the recount.
– Respond to charges of mishandling or losing evidence.
Failure to comply could lead to adverse inferences that may impact the case’s outcome.
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