Congress Challenges Tweaking Election Rules to Prohibit Citizens’ Access to some Election Documents
Manas Dasgupta
NEW DELHI, Dec 24: The Congress on Tuesday challenged in the Supreme Court the amendments made to the Conduct of Election Rules of 1961 that amounted to virtually restricting the citizens’ right to access to all election related records.
AICC Secretary Jairam Ramesh moved the top court against the change in the poll Rules which reduces public access to CCTV camera footage from polling booths and video recordings of candidates. The amendment was made to Rule 93 of the 1961 Rules which had previously allowed public permission to examine papers related to elections, without any exception.
The amendment notified on December 20 by the Union Ministry of Law and Justice had restricted access to only certain election records specifically mentioned in the Rules. Officials have reportedly justified the move to protect the poll process from false narrative through misuse or doctoring of electronic records.
However, the amendment has come shortly after a Punjab and Haryana High Court direction to the Election Commission to provide advocate Mehmood Pracha records pertaining to the recent Haryana Assembly elections. Mr Pracha had filed a petition seeking videography, CCTV footage, and copies of Forms 17-C Parts I and II from the Assembly elections.
“The Election Commission, a Constitutional body, charged with the conduct of free and fair elections cannot be allowed to unilaterally, and without public consultation, amend such a vital law in such a brazen manner. This is especially true when that amendment does away with public access to essential information that makes the electoral process more transparent and accountable. The integrity of the electoral process is fast eroding. Hopefully the Supreme Court will help restore it,” Mr Ramesh posted on social media platforms ‘X.’
Meanwhile, the Election Commission has brushed off Congress allegations in two key areas on which the party had sought a reply, insisting there was no discrepancy in the voter turnout figures or deletion from voter lists. On October 19, Maharashtra’s Opposition Maha Vikas Aghadi had met the Commission on multiple issues.
The Congress – an ally in the Opposition alliance — had complained about the inexplicable increase in voter turnout between the numbers of 5 pm and the final figures from the commission. The Commission denied any discrepancy, and asserted that considering the 5 pm turnout as final is merely a misconception.
While the voting officially ends at 5 pm in most places, those already at the polling booth are allowed to cast their votes however long it takes. But Odisha’s Biju Janata Dal, which has also raised questions about the same issue on Monday, pointed out that prior to 2014, this discrepancy was minor, mostly around 2 per cent. In the Lok Sabha and assembly elections held earlier this year, the discrepancy was much higher in most places. In the Chief Minister’s constituency, it was over 30 per cent, the BJD had pointed out.
Regarding the Congress allegations of arbitrary deletion from voters’ list, then Commission said a total of 8,00,391 voters’ names were deleted this time. The figures indicate an average of 2,779 names per constituency. The Commission said the Congress complaint of addition of 50,000 voters in 50 assembly constituencies of Maharashtra was “misleading” and “factually Incorrect.”
In only five constituencies, the total addition were over 50,000 electors, the Commission said. The poll body said it is committed to a respectful, collaborative relation with all political parties, so critical for healthy democracy. IT said it welcomed suggestions for any improvement in the Electoral process.
