‘Won’t accept lame excuses’: SC pulls up ECI over missing 2023 Sringeri vote-counting video

The Supreme Court on Wednesday (October 14) pulled up the Election Commission of India (ECI) for claiming it was unable to trace the video recording of the vote counting held in Karnataka's Sringeri Assembly constituency in 2023, warning that it could draw an adverse inference against the poll panel if it failed to produce the relevant records.

A bench of Justices Sanjay Kumar and Sanjeev Sachdeva expressed surprise at the ECI's submission while hearing a plea filed by Congress leader TD Rajegowda, who was unseated following a recount that declared BJP candidate DN Jeevaraj the winner.

“How can the Election Commission of India say that it has lost its record? Your whole purpose is to hold an election, and you need to have a document,” the bench observed.

The court said it would not accept “lame excuses” from the constitutional body and directed it to produce whatever records and recordings were available by the next hearing.

“Whatever there is, produce by the next date of hearing. Otherwise, we will have to draw adverse inference against you,” it said, posting the matter for February 15, 2027.

Records sought

The bench noted that Rajegowda wanted access to the election observer's report and video recordings of both the original counting in 2023 and the subsequent recount.

When the court indicated that it would direct the ECI to produce these documents, senior advocate Seshadri Naidu, appearing for the poll panel, submitted that the video of the original counting could not be traced.

Also Read: Defeated BJP candidate secures Karnataka's Sringeri seat 3 years after election

The bench was unconvinced, stressing that the ECI was responsible for maintaining election records and could not simply claim that they were missing.

Recount overturned result

Rajegowda had won the 2023 Assembly election from Sringeri by a narrow margin of 201 votes. Jeevaraj subsequently challenged the result through an election petition before the Karnataka High Court.

On April 6, 2026, the High Court ordered a recount of postal ballots, including the re-verification of 279 rejected postal ballots.

Following the exercise, the returning officer declared a revised result on May 3, 2026, reducing Rajegowda's tally by 255 votes and declaring Jeevaraj elected.

Also Read: Madras HC orders recounting of postal votes in Radhapuram constituency

Rajegowda challenged the revised 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, although the court had ordered the re-verification of only 279 rejected ballots.

He also questioned the High Court's decision to order a recount despite its findings in his favour on corruption allegations raised by Jeevaraj.

Interim relief

In May, the Supreme Court granted Rajegowda interim relief, directing that he continue as the Sringeri MLA while his plea remained pending.

Meanwhile, Jeevaraj is facing a criminal case alleging tampering with postal ballot papers. The Karnataka High Court stayed the proceedings against him in May 2026.

Also Read: ‘Not maintainable’: Madras HC junks Stalin’s plea for recounting in Kolathur

The Supreme Court's latest order places the spotlight on the ECI's record-keeping and the evidence underpinning the disputed recount, with the matter scheduled to return to court next February.