Row over election rules: Supreme Court seeks response of Centre, EC on plea of Jairam Ramesh

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar took note of the submissions of senior advocates Kapil Sibal and Abhishek Singhvi, appearing for the Congress leader, and issued the notices on the plea.

New Delhi: The Supreme Court on Wednesday sought a response from the Union government and the Election Commission on a plea by Congress general secretary Jairam Ramesh challenging recent amendments to the 1961 Conduct of Election Rules, which restricted public access to CCTV and other election-related documents.

A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar heard senior advocate A M Singhvi on behalf of Ramesh.

The counsel said the amendment  stated that unless it is specified in these rules, then the EC is not obliged to disclose. 

Singhvi said there is no specification under these rules, the amendment is only one line under these rules. 

The bench sought to know as to what the earlier rule was.

Singhvi said that is the catch in this, and they have done it very cleverly, as there were no earlier rules.

The bench asked him as to what does the handbook read.

Singhvi claimed the amendment would affect supply of 17C Form, which is the account of votes recorded in each constituency.

The bench said this account of votes in each constituency may be slightly problematic 

"Is it booth wise? “Will it not reveal how the particular voters voted,” the bench asked him.

Singhvi said one of the reasons given in the press by the poll panel is that it has taken away CCTV and video because it reveals.

The bench said when it comes to constituency wise then it may lead to a problem. 

At this stage, senior advocate Kapil Sibal said 17C Form is given to each representative of the political party, he has to sign the 17C Form. 

The bench said the court is aware of it. Sibal pressed that 17C Form is available. The bench said, “that will not reveal which way the votes….”.

Upon hearing submissions, the bench issued the notice on the plea and scheduled the matter in the week commencing on March 17. 

In a post on X, AICC general secretary Jairam Ramesh said, "The integrity of the electoral process is fast eroding. Hopefully the Supreme Court will help restore it." 

"A writ has just been filed in the Supreme Court challenging the recent amendments to the Conduct of Election Rules, 1961," he had said earlier.

Ramesh had said the Election Commission, a constitutional body charged with the conduct of free and fair elections, cannot be allowed to unilaterally, and without public consultation, amend such a vital law in such a brazen manner.

He had said this is especially true when that amendment does away with public access to essential information that makes the electoral process more transparent and accountable.

Based on the recommendation of the Election Commission of India, the Union law ministry in December, 2024 amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, to restrict the type of "papers" or documents open to public inspection.