The Supreme Court on Wednesday criticised the Election Commission of India (ECI) for failing to trace the 2023 vote-counting video from Karnataka’s Sringeri Assembly constituency, warning that it could draw an adverse inference against the poll body. The case concerns Congress leader TD Rajegowda, who initially won the seat by 201 votes but was later unseated following a recount that declared BJP candidate DN Jeevaraj the winner.
Court’s Rebuke
Expressing displeasure over the poll body’s explanation, the Bench of Justices Sanjay Kumar and Sanjeev Sachdeva said, “We will not accept these kinds of lame excuses.” The Court warned that it could draw an adverse inference against the ECI if the relevant records and video recordings were not produced at the next hearing.
“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,” the Court observed.
The judges rejected the poll body’s explanation that efforts were being made to trace the recording, stressing that election-related records should be available for scrutiny.
The Court directed the ECI to produce whatever documents and recordings it had at the next hearing, warning that failure to do so could invite an adverse inference. The matter has been listed for February 15, 2027.
Rajegowda has sought access to the election observer’s report and recordings of both the original counting and the subsequent recount.
Recount Dispute
Jeevaraj had challenged Rajegowda’s 2023 election victory before the Karnataka High Court.
On April 6, the High Court ordered a recount of postal ballots, including the re-verification of 279 rejected postal ballots. Subsequently, on May 3, 2026, the returning officer declared a revised result, reducing Rajegowda’s tally by 255 votes and declaring Jeevaraj elected.
Rajegowda challenged the outcome before the Supreme Court, arguing that the returning officer had exceeded the High Court’s directions by reconsidering 562 valid postal ballots cast in his favour.
In May, the Supreme Court granted him interim relief, allowing him to continue as an MLA while his plea remained pending.
Legal Challenge
Rajegowda has also questioned the High Court’s decision to order the recount, arguing that its findings on corruption allegations against him did not justify the exercise.
Jeevaraj is separately facing a criminal case concerning alleged tampering with postal ballot papers. The Karnataka High Court stayed proceedings against him in May 2026.
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