The Supreme Court has warned the Election Commission of India (ECI) that it may draw an adverse inference against the poll body if it fails to produce records relating to the counting of votes in Karnataka’s Sringeri Assembly constituency during the 2023 elections.
A Bench of Justices Sanjay Kumar and Sanjeev Sachdeva expressed strong displeasure on Wednesday after the Commission informed the court that it could not locate the video recording of the original vote counting.
The Bench directed the ECI to produce all available records by the next hearing, making it clear that explanations about missing election records would not be accepted.
The court questioned how an institution responsible for conducting elections could fail to maintain custody of crucial records. It observed that preserving election-related documents was an essential part of the Commission’s responsibilities.
Dispute Over Recounting of Postal Ballots
The issue arose during the hearing of an appeal filed by Congress MLA T D Rajegowda, whose victory in the 2023 Karnataka Assembly elections was challenged by BJP candidate D N Jeevaraj.
Rajegowda had defeated Jeevaraj by a narrow margin of 201 votes.
Following Jeevaraj’s election petition, the High Court passed an order on April 6 directing a recount of postal ballots and re-verification of 279 postal ballots that had earlier been rejected.
The subsequent recount reversed the election result, and Jeevaraj was declared the winner on May 3, 2026.
Rajegowda challenged the recount before the Supreme Court, alleging that the returning officer had exceeded the scope of the High Court’s directions.
According to the Congress leader, the High Court had permitted re-verification of only 279 rejected postal ballots. However, the returning officer allegedly reconsidered additional postal ballots, resulting in an advantage for Jeevaraj.
The Supreme Court subsequently stayed the effect of the recount and directed that Rajegowda would continue as MLA until the dispute was decided.
Supreme Court Questions Missing Election Records
During Wednesday’s proceedings, the Bench was informed that Rajegowda wanted access to the election observer’s report and video recordings of both the original counting in 2023 and the subsequent recount.
Counsel representing the Election Commission submitted that the video recording of the 2023 counting could not be found in its records.
The explanation drew sharp criticism from the Bench, which questioned the Commission’s record-keeping practices and its inability to produce material directly connected with an election dispute.
The judges pointed out that conducting elections was the Commission’s principal responsibility and that the proper custody of election records was necessary.
The Bench warned that failure to produce the available material could result in an adverse inference against the Commission.
The Supreme Court has scheduled the next hearing for February 15, 2027. Rajegowda will continue to hold his Assembly seat under the existing interim protection while the election dispute remains pending.
