Recent amendment removes ambiguity regarding non-sharing of electronic record to public: ECI Official
Dec 21, 2024
New Delhi [India], December 21 : The candidate already has access to all the documents and papers, and no amendments have been made to the rules in this regard, clarified a senior Election Commission of India (ECI) official to ANI.
The clarification comes in the wake of a recent Punjab and Haryana High Court directive in the Mahmoud Pracha vs ECI case, where the court ordered the sharing of all documents related to the Haryana Assembly elections, including CCTV footage under Rule 93(2) of the Conduct of Election Rules, 1961.
The ECI official noted that while the rule refers to "election papers," it does not explicitly address electronic records. The ambiguity in the rule and concerns over potential misuse of CCTV footage inside polling stations, especially with advancements in artificial intelligence, prompted an amendment to safeguard voter secrecy and prevent its misuse.
The official emphasized that sharing CCTV footage inside the polling stations from sensitive areas such as Jammu and Kashmir or Naxal-affected regions could compromise voter safety. "Lives of voters may be at risk, and the secrecy of the vote must be protected," the official stated. All other election-related documents and papers remain accessible for public inspection.
The amendment restricts public scrutiny of certain electronic documents, including CCTV footage, based on a recommendation from the ECI. The Union Law Ministry recently amended Rule 93(2) to specify which documents are open to public inspection.
The move has drawn sharp criticism from the Congress party, which announced plans to challenge the amendment legally. Congress communication chief Jairam Ramesh called the rule change "a vindication" of the party's concerns over the "eroding integrity of the electoral process."
In a post on X (formerly Twitter), Ramesh argued, "Sunlight is the best disinfectant, and information restores faith in the process. The Punjab and Haryana High Court agreed when it directed the ECI to share all legally required information. Instead of complying, the ECI amended the law to curtail transparency. Why is the ECI so afraid of transparency?"
The Congress vowed to legally challenge the amendment, reiterating its commitment to ensuring accountability in the electoral process.
