Rule 93(2)(a) of the Conduct of Election Rules, 1961, has been amended.
Original rule: “All other papers relating to the election shall be open to public inspection.”
Amended rule: “All other papers as specified in these rules relating to the election shall be open to public inspection.”
Change restricts public access to only those election documents explicitly mentioned in the rules.
Reason for Amendment
The amendment was recommended by the Election Commission (EC) and brought into effect by the Ministry of Law and Justice.
Aimed at preventing misuse of CCTV footage from polling stations, especially through artificial intelligence technologies.
Protects voter secrecy and mitigates risks in sensitive regions such as: Jammu and Kashmir, Naxal-affected areas.
Secrecy concerns include potential voter identification and risks to their safety.
Recent High Court Case Prompting the Amendment
The Punjab and Haryana High Court directed the EC to share all documents related to the Haryana Assembly polls.
This included CCTV footage under the earlier Rule 93(2).
The case involved Mahmoud Pracha, who contested as a candidate in the 2024 Lok Sabha elections.
The amendment addresses ambiguity in the definition of “election papers and documents,” which previously did not specify electronic records.
Candidates still have access to all necessary election documents and records.
Mr. Pracha, as a candidate, had access to records from his constituency, even before the amendment.
Concerns Raised by RTI Activists
Transparency activists criticized the amendment, labeling it a “setback to transparency.”
Activist Anjali Bharadwaj highlighted delays in accessing election records under Rule 93(2) even before the amendment.
Concerns about the government curbing citizens' rights to election-related information after court directives for disclosure.
Examples of affected records include:
Reports by Election Observers.
Scrutiny reports by Returning Officers.
Index cards submitted to the EC post-election results, containing detailed election statistics.
Presiding Officers’ diaries, crucial for analyzing voter turnout and election fairness, are also not explicitly listed.
Importance of Unrestricted Access to Documents
Access to election-related records is vital for:
Assessing fairness in elections.
Verifying voter turnout details at different polling times.
Evaluating procedural transparency in parliamentary and assembly elections.
While the amendment aims to safeguard voter secrecy, it raises significant transparency concerns.
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