Question 1

Election petitions can be filed at any time if severe fraud is newly discovered by activists.

Accepted Answer

Under Section 81 of the Representation of the People Act, 1951, election petitions strictly must be filed within 45 days from the date of the election result declaration, with no extensions for late discovery.

Question 2

Polling station CCTV footage is a public record accessible via the Right to Information (RTI) Act.

Accepted Answer

It is classified as an internal management tool and is exempt from public release to protect voter secrecy under Section 128 of the RPA, 1951, and the amended Rule 93 of the Conduct of Election Rules, 1961.

Question 3

Consider the following statements regarding the preservation of election records in India: 1. Under the Representation of the People Act, 1951, an Election Petition must be filed within 45 days from the date of election result declaration. 2. Rule 93 of the Conduct of Election Rules, 1961, guarantees public inspection of all electronic CCTV footage of polling stations to ensure transparency. 3. Section 128 of the Representation of the People Act, 1951 deals with the maintenance of secrecy of voting. How many of the statements given above are correct?

Accepted Answer

(b) Only two — Statement 1 is correct; Section 81 of the RPA, 1951 limits the filing of an election petition to 45 days. Statement 2 is incorrect; the December 2024 amendment to Rule 93 specifically restricted public access to electronic records like CCTV and webcasting footage to prevent misuse. Statement 3 is correct; Section 128 mandates the secrecy of voting, which the ECI invokes to prevent the release of footage.

Question 4

Match the following legal provisions/cases with their corresponding subject matter in the context of Indian elections: List I: A. Section 81 of RPA, 1951, B. Section 128 of RPA, 1951, C. Rule 93 of Conduct of Election Rules, 1961, D. PUCL vs Union of India (2013). List II: 1. Right not to vote is protected under the right to secrecy, 2. Time limit for filing an election petition, 3. Maintenance of secrecy of voting, 4. Production and inspection of election papers. Select the correct code:

Accepted Answer

(a) A-2, B-3, C-4, D-1 — A matches 2: Section 81 of the RPA, 1951 states that an election petition must be filed within 45 days. B matches 3: Section 128 deals with maintaining the secrecy of voting. C matches 4: Rule 93 of the Conduct of Election Rules, 1961 governs the production and public inspection of election papers. D matches 1: The PUCL (2013) judgment by the Supreme Court affirmed that the right not to vote (NOTA) is protected under voter secrecy.

Question 5

Assertion (A): The Election Commission of India mandated the destruction of polling station CCTV footage 45 days after the declaration of results unless an election petition is filed. Reason (R): Retaining webcasting footage indefinitely violates Section 128 of the Representation of the People Act, 1951 and exposes voters to potential profiling and intimidation.

Accepted Answer

(a) Both A and R are correct and R is the correct explanation of A — Assertion A is correct as per the ECI directive implemented in 2025. Reason R is also correct and directly explains A: the ECI restricted the timeline to 45 days (the statutory period for an election petition) because longer retention poses risks of malicious misuse, misinformation, and breaching voter secrecy, which is strictly prohibited under Section 128 of the RPA, 1951.

ECI Mandates 45-Day Retention for Election Footage

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