NEW DELHI: The government has tweaked an election rule to prevent public inspection of certain electronic documents such as CCTV and webcasting footage and video recordings of candidates to prevent their misuse.
The Congress on Saturday cried foul over the move, alleging it eroded integrity of the electoral process.
On the recommendation of the Election Commission, the Ministry of Law and Justice amended Rule 93 of the Conduct of Election Rules, 1961, to restrict the type of “papers” or documents open to public inspection.
Rule 93 says that all “papers” related to elections shall be open to public inspection. However, instead of the expression “papers”, the amendment says “papers as specified in these rules”.
Law ministry sources said a court case was the “trigger” behind the amendment. The Punjab and Haryana High Court had recently directed the poll panel to provide copies of documents related to the Haryana Assembly elections to advocate Mehmood Pracha. The advocate had filed a petition seeking videography and CCTV footage besides the copies of Forms 17-C Parts I and II related to the conduct of elections.
Congress general secretary (communication) Jairam Ramesh said the party would challenge the amendment.
“If there ever was a vindication of our assertions regarding the rapidly eroding integrity of the electoral process managed by the EC in recent times, this is it. 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 EC to share all information that it is legally required to do so with the public,” Ramesh said. “Yet the EC, instead of complying with the judgment, rushed to amend the law to curtail the list of what can be shared. Why is the EC so afraid of transparency? This move will be challenged legally,” he posted on X.
While documents such as nomination forms, appointment of election agents, results and election account statements were mentioned in the Conduct of Election Rules, electronic documents such as CCTV and webcasting footage and video recording of candidates during the model code of conduct period were not covered.
“There have been instances where electronic records have been sought citing the rules. The amendment ensures that only papers mentioned in the rules are available for public inspection and any other document which has no reference in the rules is not allowed for public inspection,” the sources said.