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Informist, Tuesday, Dec. 24, 2024

 

NEW DELHI – The Indian National Congress Tuesday moved the Supreme Court against the recent amendment to the Conduct of Election Rules, 1961. The amendment prevents public inspection of certain electronic documents such as closed circuit television camera recordings, webcasting footage, and video recordings of candidates. The government said the amendment was made to prevent misuse of the footage.

 

The petitioner said the Election Commission of India, a constitutional body charged with the conduct of free and fair elections, cannot unilaterally and without public consultation amend such a vital law in such a "brazen manner". This, the party said, 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 in the country is fast eroding, the Congress said, and urged the top court to step in to restore it.

 

Last week, the government amended Rule 93(2)(a) of the 1961 Rules. Earlier, the rule allowed the Election Commission to direct that "all other papers relating to the election shall be open to public inspection". The amended version states that the poll panel may only direct that "all other papers as specified in these rules relating to the election shall be open to public inspection". This means that only documents mentioned in the rules, such as nomination forms, election agent appointments, results, and election expenditure accounts, are now open to public scrutiny.

 

The Election Commission had said the move was necessitated by concerns of potential misuse of electronic data. Closed circuit television camera footage from polling booths, if made publicly accessible, could compromise voter secrecy, particularly in sensitive areas like Jammu and Kashmir, the panel had said.

 

The amendment came after the Punjab and Haryana High Court earlier this month directed the poll panel to provide copies of documents related to the Haryana assembly elections to an advocate, Mehmood Pracha. The court's order came on a petition by Pracha seeking videography, closed circuit television camera footage, and copies of Form 17-C Parts I and II related to the conduct of the election.  End

 

Reported by Surya Tripathi

Edited by Rajeev Pai

 

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