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Petition filed in SC challenging amendment to Conduct of Election Rules: Congress leader Jairam Ramesh

The Centre amended the Conduct of Election Rules, 1961, to limit public inspection of election papers to only those documents specified in the provisions.

Congress General Secretary Jairam Ramesh (Express Archives)

A petition has been filed at the Supreme Court challenging the Centre’s decision on Friday to amend the Conduct of Election Rules, 1961, Congress leader Jairam Ramesh said in a post on X on Tuesday.

“A Writ has just been filed in the Supreme Court challenging the recent amendments to the Conduct of Election Rules, 1961. 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,” Ramesh said in the post.

The Centre amended the 1961 rules to limit public inspection of election papers to only those documents specified in the provisions. Previously, sources informed The Indian Express that this would effectively remove electronic footage of the polling process from the scope of ‘election papers’ that the Election Commission of India (ECI) could direct to be made open to public inspection.

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The Centre’s move amends Rule 93(2)(a) of the 1961 Rules. Previously, the rule allowed the ECI to direct that “all other papers relating to the election shall be open to public inspection”. Under the amended version of the rule, the ECI may only direct that “all other papers as specified in these rules relating to the election shall be open to public inspection.”

The amendment has been met with staunch criticism from Opposition parties. The Indian Express reported that the Congress called it part of a “systematic conspiracy to destroy the institutional integrity of the Election Commission of India” while the Samajwadi Party (SP) and Left parties accused the EC of “undermining multi-party democracy” by taking “unilateral” decisions without consulting all political parties.

Also Read | Change in poll rules part of conspiracy to destroy integrity of EC, says Congress

However, officials who did not wish to be identified also previously told the Express that the amendment was justified as public inspection of election papers does not cover videography and CCTV footage. They said that “since electronic records are not mentioned anywhere in the Rules, it was understood that they are not open to scrutiny. However, the Commission has been increasingly receiving requests for access to video footage citing Rule 93 (2) of the Conduct of Election Rules. In order to remove this ambiguity for the Commission officials and those making such requests, the amendment was made”.

Two weeks earlier on December 9, the Punjab and Haryana High Court ordered the ECI to provide documents including videography and CCTV footage of the 2024 Haryana Legislative Assembly Elections as requested in a plea filed by advocate Mehmood Pracha which the ECI opposed.

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