SC seeks Centre and EC's response on fresh plea against poll rules amendment

New Delhi [India], February 3 : The Supreme Court on Monday issued a notice to the Centre and the Election Commission of India (ECI) on a plea challenging recent amendments made to the Conduct of Election Rules of 1961, which restrict people's right to access election-related records.
The recent amendment prevents the public inspection of electronic documents, including CCTV footage, webcasting recordings, and video footage of candidates.
A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar tagged the matter along with a similar petition filed by Congress leader Jairam Ramesh and posted the matter for hearing in the week starting March 17.
The plea filed by RTI activist Anjali Bhardwaj sought directions to the ECI to furnish copies of documents sought by the petitioner related to the Lok Sabha elections 2024 including copies of Form 17C Part I for constituencies in Delhi.
The Centre recently amended the Conduct of Election Rules, 1961, based on the recommendations of the poll panel.
The Central government amended Rule 93 of the Conduct of Election Rules, 1961, to limit public access to certain electronic documents with the purported aim of preventing the misuse of electronic election records.
It amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, to restrict the type of "papers" or documents open to public inspection.
According to Rule 93, which has now been amended, all "papers" related to elections shall be open to public inspection. However, the amendment inserts "as specified in these rules" after "papers".
The petition of Bhardwaj highlighted that the 2024 amendment carried out in Rule 93 (2) (a) of the Conduct of Election Rules, 1961, places unreasonable restrictions on the fundamental right to information of voters in so far as it introduces new restrictions beyond the records already specifically exempt from disclosure under Rule 93(1).
"The amendment seeks to restrict access to only those records as specified in the rules, thereby attempting to keep out of the purview of disclosure all other records which are not specified in the rules," the plea said.
It said that several records and papers, which are not specified in the rules are also generated during the conduct of elections for instance the photography, videography and CCTV footage, various reports and diaries required to be maintained by election officials including the Presiding Officer Diary and the Report of the Returning Officer's Diary etc.
"These contain crucial information including, for instance, the number of votes cast in every two-hour interval, the number of voters present at the polling station at the closing hour who are allowed to cast their votes, details of any interruption or obstruction of voting etc. Prior to the 2024 amendments to the Rules, there was no bar on access to these documents. Such information is crucial for public access as a facet of the fundamental right to information of people as guaranteed under Article 19(1)(a) of the Constitution and upheld by this Court in a plethora of judgments including specifically in matters pertaining to the conduct of elections in the country," the petition added.