New Delhi: The Supreme Court on Wednesday sought a response from the central 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 restricts public access to CCTV and other election-related documents.
The matter came up before a bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar. Senior advocate A M Singhvi Ramesh before the bench. Singhvi said the amendment is in the rules saying that unless it is specified in these rules, then the EC is not obliged to disclose. Singhvi added there is no specification under these rules, the amendment is only one line under these rules. The bench asked what was the earlier rule. Singhvi said that is the catch in this, and they have done it very cleverly, as there were no earlier rules.
“Supply of CCTV footage…was under clause….of the handbook. Supply of the result sheet….”, argued Singhvi. The bench asked, what does the handbook read? Singhvi cited it in the plea and added “the next is copies of result form, imagine even this. The third is the supply of 17C Form, which is the account of votes recorded in each constituency”.
The CJI said this account of votes in each constituency may be slightly problematic, is it booth-wise? “Will it not reveal how the particular…”, added the CJI. 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, and asked, “Does your lordship ever get the identity of what I vote…”.
The CJI said when it comes to constituency wise then it may lead to a problem. At this juncture, senior advocate Kapil Sibal said the 17C Form is given to each representative of the political party, and he has to sign the 17C Form. The CJI said the court is aware of it. Sibal pressed that the 17C Form is available. The CJI said, “That will not reveal which way the votes….”.
After hearing submissions, the bench issued the notice on the plea and added that it will hear the matter in the week commencing on March 17. AICC general secretary Jairam Ramesh, who has filed the petition, had 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 in a post on X.
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.
Ramesh 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 amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, to restrict the type of "papers" or documents open to public inspection.
