'Integrity of electoral process fast eroding': Congress files plea in SC against amendments to election rules

The government has tweaked an election rule to prevent public inspection of certain electronic documents.

New Delhi: Congress on Tuesday filed a writ petition in the Supreme Court challenging the amendment to the Conduct of Election Rules, 1961 that restricts public’s access to a section of poll documents, including CCTV footage.

The petition was filed by Congress General Secretary (Communications) Jairam Ramesh, who said the Election Commission charged with the conduct of free and fair elections “cannot be allowed to unilaterally, and without public consultation, amend” such a vital rule in such a “brazen manner”. Ramesh had on Saturday said they would legally challenge it.

“This is especially true when that amendment does away with public access to essential information that makes the electoral process more transparent and accountable. The integrity of the electoral process is fast eroding. Hopefully the Supreme Court will help restore it,” he said in a post on ‘X’.

The amendment notified by the Ministry of Law and Justice on Friday came on a recommendation from the Election Commission, which wanted restrictions on the types of “papers” open to public scrutiny.

It also came two weeks after the Punjab and Haryana High Court asking the Election Commission to provide video footage and copies of documents related to votes polled at a polling station in recent Haryana Assembly elections to lawyer Mehmood Pracha.

Activists had raised concerns over the amendment saying it impacts transparency of the electoral process.

The Election Commission sources had defended the move saying the rule previously mentioned election papers and it does not specifically refer to electronic records.

They said to remove this ambiguity and considering the serious issue of violation of secrecy of vote and potential misuse of CCTV footage of inside the polling station using artificial intelligence by a single person, the rule has been amended.

However, Congress president Mallikarjun Kharge called the amendment “audacious”, as he saw it as “another assault in its systematic conspiracy to destroy the institutional integrity” of the Election Commission.

“Earlier, they had removed the Chief Justice of India from the Selection panel which appoints Election Commissioners, and now they have resorted to stonewall electoral information, even after a High Court order,” he had said.