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"Something Very Wrong": Centre Changes Rules Restricting Public Access To Poll Data

Many have expressed their suspicion and surprise at the sudden change of laws regarding the election, especially at a time when Punjab and Haryana High Court asked the EC to provide videography, security camera footage, and copies of documents related to votes polled at a polling station during the Haryana assembly elections

Election Rules Amendments Edited by

The amendments to rules come days after High Court tells EC to provide election documents to a petitioner.

New Delhi: The Union Government’s recent amendments on the  Conduct of Election Rules has raised eyebrows from both public and opposition politicians alike, as the changes reportedly restrict public access to certain election-related documents.

The rules that were amended on Friday say all other papers as specified in these rules relating to the election shall be open to public inspection, suggesting that only those papers specified in the Conduct of Election Rules can be inspected by the public.

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As per the earlier rule 93(2)(a) of the 1961 Conduct of Election Rules, the Election Commission is obligated to make all other papers relating to the election available for public inspection.

The amendment was notified by the Union Ministry of Law and Justice, in consultation with the Election Commission. The country’s courts no longer will be able to ask the poll body to release all the election-related data to the public, causing fear of transparency into the conduct of the election.

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The government reportedly altered the rules following a recommendation from the poll body. According to a report by Scroll, an official from the EC told the news portal that they 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 HC, the rules have been amended and notified,” the news portal quoted the official.

Notably, the amendment comes days after the Punjab and Haryana High Court asked the EC to provide videography, security camera footage, and copies of documents related to votes polled at a polling station during the recent Haryana Assembly elections to advocate Mehmood Pracha, who has been leading a campaign asserting to save the democracy and constitution.

The advocate had petitioned the High Court for all these details to be released by the poll body. The EC had refused the plea by the advocate, arguing that he was not a candidate in the assembly elections and therefore cannot ask for the documents.

Many have expressed their suspicion and surprise at the sudden change of laws regarding the election. Former Trinamool Congress MP Jawhar Sircar asked what the Prime Minister and the Union Government were hiding, wondering why they suddenly changed election rules to stop the public from asking and examining election records and data.

The opposition parties have reacted to the amendments, calling them a vindication of their repeated concerns that the integrity of the election has been rapidly eroding in recent times. Taking to X, Congress general secretary in charge of communication Jairam Ramesh wrote. “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 [Election Commission] to share all information that it is legally required to do so with the public.”

Noting the ECI’s refusal to comply with the High Court Judgment, the Congress Rajya Sabha MP said the poll body, instead of complying with the judgment, rushes to amend the law to curtail the list of what can be shared.

“Why is the ECI so afraid of transparency? This move of the ECI will be challenged legally right away,” the Congress leader added.

 

AAP chief Arvind Kejriwal has also expressed doubt over the amendment to the election rules, terming it “something is very wrong.” As the Delhi assembly elections near, the AAP’s and the BJP’s political rivalry and campaigns have turned intensive.

 

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Election data restriction Election Rules Amendments Election Rules change Election Transparency New Election Rules Rules change Union Government Election Rules Amendments

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