New Delhi [India], April 17 (ANI): The Supreme Court on Thursday granted three more weeks to the Centre and the Election Commission of India (ECI) to respond to petitions challenging the amendments made to the Conduct of Election Rules, 1961, which allegedly restrict people’s right to access election-related records.
The amendments prevent public inspection of electronic documents, including CCTV footage, webcasting recordings, and video footage of candidates.
When the matter came up for hearing, both the Centre and the ECI sought additional time to file their responses. The court granted the extension and posted the matter for hearing in July.
The petitions were filed by Congress leader Jairam Ramesh, RTI activist Anjali Bhardwaj, and others.
The petitioners have sought directions to the ECI to furnish copies of documents related to the 2024 Lok Sabha elections, including Form 17C Part I for constituencies in Delhi.
In 2024, the Centre amended the Conduct of Election Rules, 1961, based on recommendations from the poll panel. The changes specifically affected Rule 93, which deals with public access to election records.
The amended Rule 93(2)(a) now limits access to only those documents “as specified in these rules,” thereby narrowing the scope of records open for public inspection.
Bhardwaj’s petition argued that the amendment places unreasonable restrictions on the fundamental right to information of voters by introducing new limitations beyond what is already exempted 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 further stated that many important documents generated during elections, such as photography, videography, CCTV footage, and various reports and diaries maintained by election officials, including the Presiding Officer’s Diary and the Returning Officer’s Report, are now excluded from public access.
“These contain crucial information, including the number of votes cast in every two-hour interval, the number of voters present at the polling station at closing time, and any incidents of voting interruptions or obstructions. Before the 2024 amendment, there was no restriction on access to these documents,” the petition added.
It also emphasised that such information is essential to the public’s right to information, as guaranteed under Article 19(1)(a) of the Constitution and upheld in several Supreme Court judgments, particularly in matters concerning the conduct of elections. (ANI)
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