A pen drive containing election-related videos has allegedly gone missing from the record of the Punjab and Haryana High Court during the pendency of a petition challenging the election of Haryana Minister of State Gaurav Gautam.
As per the material on record, the alleged disappearance came to light after the High Court Registry informed petitioner Karan Singh Dalal that the pen drive forming part of the court record in Karan Singh Dalal versus Gaurav Gautam could not be traced.
Following this, Dalal lodged a formal complaint before the Registrar of the High Court.
According to the complaint, the pen drive allegedly contained videos relating to the election and constituted primary electronic evidence in the pending election petition. It has been alleged that after receiving information from the Registry, Dalal immediately addressed an email to the Registrar, bringing the issue to official notice.
The complaint states that the alleged disappearance of the pen drive occurred while the matter was sub judice and while the electronic device was part of the court record.
Senior Advocate Mohan Jain, who is representing Dalal in the election petition, and is a former Additional Solicitor-General of India and former Advocate-General for Haryana, expressed “utter shock and deep concern” over the alleged disappearance of primary evidence during the pendency of an election petition, terming it an extremely grave matter with the potential to cause serious prejudice and affect the fairness of judicial proceedings.
He further stated that since the issue has already been raised and is presently under the consideration of the Registrar of the High Court, he has nothing further to add.
Background
The election petition filed by Dalal challenges Gautam’s election from Palwal-84 Assembly constituency in the October 2024 Haryana Assembly polls, in which Gautam was declared elected with 1,09,118 votes against Dalal’s 75,513.
Dalal has sought the setting aside of the election and Gautam’s disqualification under the provisions of the Representation of the People Act, alleging corrupt practices.
Earlier, the High Court had dismissed Gautam’s application seeking rejection of the election petition at the threshold, holding that the allegations raised by Dalal could not be shut out without trial.
The court had noted that the pleadings disclosed material facts requiring adjudication through evidence.
In its order, the court had specifically referred to videos stored in a pen drive, observing that issues relating to the authenticity, genuineness, and admissibility of the recordings could only be tested if the trial proceeded further, and that the contents of the pen drive were central to adjudicating the allegations raised in the election petition.


