The Supreme Court on Thursday gave another three weeks to the Centre and the Election Commission of India to respond to pleas challenging amendments to the Conduct of Election Rules of 1961, that restrict people’s right to access election-related records.

The amendment prevents public inspection of electronic documents, including CCTV footage, webcasting recordings, and video footage of candidates.

Advertisement

As the matter was taken up for hearing, the central government and ECI sought more time to respond to the petitions including one by the Congress leader Jairam Ramesh.

The bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar then posted the matter for hearing in July.

Besides Congress leader Jairam Ramesh, the amended rules have also been challenged by RTI activist Anjali Bhardwaj and others.

A bench of Chief Justice Sanjiv Khanna, and Justice Sanjay Kumar had issued notice to the Central government and the poll panel on RTI activist Anjali Bhardwaj’s plea on  February 3, 2025.

The Central government amended Rule 93 of the Conduct of Election Rules, 1961, to limit public access to certain electronic related documents with a stated aim of preventing the misuse of electronic record polling and other actions.

The government amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, to restrict the type of “papers” or documents open to public inspection.

According to original Rule 93, which has now been amended, all “papers: relating to elections shall be open to public inspection. However, the amendment inserts “as specified in these rules” after “papers”.

The petitioners have highlighted that the 2024 amendment to the Rule 93 (2) (a) of the Conduct of Election Rules, 1961, places unreasonable restriction on the fundamental right to information of voters in so far as it introduces new restrictions beyond the records already specifically exempt from disclosure under Rule 93(1).

“The amendment seeks to restrict access to only those records as specified in the rules, thereby attempting to keep out of the purview of disclosure all other records which are not specified in the rules,” the petitioners have stated.

The petition by RTI activist Anjali Bhardwaj has said that several records and papers, which are not specified in the rules are also generated during the conduct of elections, for instance the photography, videography and CCTV footage, various reports and diaries required to be maintained by election officials including the Presiding Officer’s Diary and the Report of the Returning Officer’s Diary etc.

“These contain crucial information including, for instance, the number of votes cast in every two-hour interval, number of voters present at the polling station at the closing hour who are allowed to cast their votes, details of any interruption or obstruction of voting etc. Prior to the 2024 amendments to the Rules, there was no bar on access to these documents. Such information is crucial for public access as a facet of the fundamental right to information of people as guaranteed under Article 19(1)(a) of the Constitution and upheld by this Court in a plethora of judgments including specifically in matters pertaining to conduct of elections in the country,” the petition states.