The Union government has amended the Conduct of Election Rules on Friday, limiting public access to certain election-related documents. The amendment revises Rule 93(2)(a) of the 1961 Conduct of Election Rules, which previously stated that “all other papers relating to the election shall be open to public inspection.”
The updated rule now specifies that “all other papers as specified in these rules relating to the election shall be open to public inspection.” As a result, only documents listed under the Conduct of Election Rules can be inspected by the public, effectively restricting access to some election-related materials.
With the change, the Election Commission is no longer required to provide all election-related documents to the public. Additionally, the courts will not be able to order the poll panel to make such documents available.
This development comes just days after the Punjab and Haryana High Court directed the Election Commission to provide videography, security camera footage, and documents related to votes cast at a polling station during the recent Haryana Assembly elections. The order was issued on December 9 in response to a request from advocate Mehmood Pracha.
An official from the Election Commission explained the rationale behind the amendment, saying, “We started receiving all kinds of applications, some even through RTI [Right to Information], asking for random documents and even CCTV footage of polling booths… We were planning to regulate public inspection of election-related papers for some time… Now after this order from the High Court, the Rules have been amended and notified.”
Reacting to the amendment, Pracha told a section of media: “To save democracy and Babasaheb’s constitution, we are being forced to play on an uneven ground. Manuwadi forces have throughout history used immoral and unfair methods to suppress the Ambedkarwadis, including changing the goalposts whenever they lose. But we have our own methods, including our legal strategies, to defeat these undemocratic and fascist forces.”
The Election Commission had opposed Pracha’s plea in the High Court, arguing that, as he was not a candidate in the October Haryana Assembly elections, he was not entitled to request election-related documents. The court, however, directed the Commission to provide documents, including Form 17C, within six weeks. The court accepted Pracha’s argument that the only difference between a candidate and any other person was that candidates received the documents free of cost, whereas others could access them upon payment of a prescribed fee.
Opposition parties swiftly condemned the amendment, with the Congress calling it a “vindication” of their concerns about the “rapidly eroding integrity” of the electoral process managed by the Election Commission. Congress MP Jairam Ramesh took to social media to criticise the move, stating, “Sunlight is the best disinfectant, and information will restore faith in the process – a reasoning the Punjab and Haryana High Court agreed with when it directed the ECI to share all information it is legally required to.”
Ramesh further questioned, “Why is the ECI so afraid of transparency?” He announced that the amendment would be legally challenged.
Aam Aadmi Party chief Arvind Kejriwal also voiced concerns, stating that the changes to the rules indicated something “very wrong.”
Former Trinamool Congress MP Jawhar Sircar questioned the rationale behind the sudden change, asking, “Why did it suddenly change Election Rules to stop the public from asking for and examining Election records and data?” He added, “So frightened is Modi + Election Commission combine – that, as soon as the High Court intervened, they took away rights.”
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