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Government

Election Conduct Rules Changed Post HC Order, Congress to Challenge Centre’s Move

The change means that only election-related documents explicitly listed in the Conduct of Election Rules can be inspected by the public.

Election Conduct Rules Changed Post HC Order, Congress to Challenge Centre’s Move

Background picture of a voter getting her finger inked and Congress leader Jairam Ramesh. Graphics: The Crossbill.

The Union government on Friday (December 20) amended the Conduct of Election Rules, limiting public access to election-related documents.

Previously, Rule 93(2)(a) of the 1961 Conduct of Election Rules stated that “all other papers relating to the election shall be open to public inspection.” 

However, the amended rule now specifies: “all other papers as specified in these rules relating to the election shall be open to public inspection.”

The change, notified by the Union Ministry of Law and Justice in consultation with the Election Commission, means that only election-related documents explicitly listed in the Conduct of Election Rules can be inspected by the public.

Furthermore, courts will no longer be able to direct the Election Commission to provide access to all election-related documents.

The Congress has criticized these amendments, with Congress General Secretary (In-charge, Communications) Jairam Ramesh describing the move as a vindication of the party’s assertions regarding the erosion of the electoral process.

“If there was ever a vindication of our assertions regarding the rapidly eroding integrity of the electoral process managed by the Election Commission of India (ECI) in recent times, this is it,” he said.

Sharing the notification on X (formerly Twitter), Ramesh emphasized the importance of transparency and openness as tools for exposing and eliminating corruption and misconduct. He argued that access to information restores public confidence in electoral processes.

“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 that it is legally required to do so with the public. Yet the ECI, instead of complying with the judgment, rushes to amend the law to curtail the list of what can be shared,” Ramesh wrote.

“Why is the ECI so afraid of transparency? This move of the ECI will be challenged legally right away,” he concluded.
 
The amendment follows a December 9 directive by the Punjab and Haryana High Court, which ordered the Election Commission to provide videography, security camera footage, and copies of documents related to votes cast at a polling station during the recent Haryana Assembly elections to advocate Mehmood Pracha.

The Election Commission had opposed Pracha’s plea in the Punjab and Haryana High Court, arguing that he was not a candidate in the October Assembly polls and, therefore, could not request election-related documents.

However, the High Court accepted Pracha’s argument that the only distinction between a candidate and any other person lies in the cost of accessing the documents.

While candidates receive the documents free of charge, other individuals are required to pay a prescribed fee. The court directed the Election Commission to provide the requested documents, including Form 17C (Parts 1 and 2), within six weeks.

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