IMPORTANT POINT
Writ petitions on similar electoral issues must be filed in the same jurisdiction, and decorum must be maintained in court proceedings.

JUDGMENT :

1. Heard Sri Mehmood Pracha, petitioner appearing in person through Video Conferencing and Sri Jitendra Ojha, learned counsel appearing for the Respondent No. 1.

2. This is a writ petition filed under Article 226 of the Constitution of India whereby the writ petitioner has approached the Court with the following prayers:

"A. Issue a Writ of Mandamus or any other Writ in the nature of Mandamus directing the Respondents to directing the Respondents ensure that there is some method for ensuring the authentication, integrity, security, verifiability, of the videography pertaining to the electoral process, recorded and conducted in accordance with the applicable guidelines, handbooks, manuals, and instructions, is supplied to the Petitioner.

B. Pass any other or further orders as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

C. To award the cost of the petition in favour of the petitioner."

3. It is to be noted that the writ petitioner earlier had approached the Delhi High Court with regard to the election of 7-Rampur Loksabha Constituency, Uttar Pradesh with regard to safeguarding and protection of all videography and CCTV coverage as noticed in the order dated May 16, 2024 passed by the Delhi High Court.

4. The prayer-A in that writ petition was as follows:

"a) Issue a Writ of Mandamus or any other Writ in the nature of Mandamus directing the Election Commission of India to ensure the safeguarding and protection of all the videography and CCTV coverage regarding elections in 7-Rampur Lok Sabha constituency, Uttar Pradesh, including such footage recorded as per clauses 1.3.2., 1.3.4, 2.6, 2.10, 2.12, 2.13, 6.1, 6.1.3, 6.1.4, 8.2, 8.4.8, 9.5 of the Manual on Electronic Voting Machine (Edition 8 August 2023), for 45 days from the date of the election of the returned candidate;"

5. The Court after considering the submission of the petitioner passed the following order:

"3. In view of the aforesaid affidavit filed by the respondent/ECI, the petitioner confines himself to seeking that the aforementioned procedure(s)/ protocol(s) for preserving the videography/CCTV footage as per the Manual on Electronic Voting Machine (Edition 8) August 2023 be followed in respect of the 7 Rampur Lok Sabha Constituency in UP as well.

4. Learned counsel for the respondent does not oppose the aforesaid submission of the petitioner. He submits that in any event, the respondent/ ECI is bound to follow the aforesaid protocol in respect of the electoral process in every Lok Sabha constituency. The above statement is taken on record.

5. In view thereof, no further relief is pressed for by the petitioner.

6. The present petition is accordingly disposed of in the above terms."

6. The writ petitioner once again filed another writ petition bearing W.P. (C) 8710/2024 before the Delhi High Court seeking issuance of a writ in the nature of mandamus or any other appropriate writ for a direction to the respondent/Election Commission of India to supply them with the entire videography and CCTV footage pertaining to the conduct of elections at 7-Rampur Lok Sabha Constituency, State of Uttar Pradesh.

7. The Court vide order dated July 16, 2024 passed the following order:

"1. It is seen that this Court on 26.06.2024 has passed certain directions:-

“6. At the outset, the petitioner acknowledges that he has been supplied certain data in a hard disk at the behest of the respondent after instituting the present petition.

7. However, it is pointed out that in the covering letter dated 22.06.2024 issued by the Election Officer, by which the hard disk has been supplied after filing of the present petition, there are no details provided as to the number of nature and details of the data viz., the CCTV footages/videos, time duration, and in fact as to the contents of the hard disk.

8. It is further pointed out that hard disk is not encrypted protected with any hash values besides the fact that there is no indication that the data has been supplied