Centre amends election rules to limit public access to poll documents

The Union ministry of law and justice notified that the general public cannot access all election-related documents but can get records specified in the Conduct of Election Rules.

Days after the Punjab and Haryana High Court directed the Election Commission (EC) to provide all poll-related documents during the recent Haryana Assembly elections, the Union government amended the Conduct of Election Rules thus restricting access to certain documents.

While earlier Rule 93(2)(a) of the 1961 Conduct of Election Rules stated that “all other papers relating to the election shall be open to public inspection”, the amended version now says, “all other papers as specified in these rules relating to the election shall be open to public inspection.”

This implies that the public can get access to documents specified in the Conduct of Election Rules.

On December 20, the Union ministry of law and justice notified that the general public cannot access all poll-related documents but can get records specified in the Conduct of Election Rules. This was done in consultation with the EC.

Responding to the amendment, an election officer told Scroll, “We 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.”

What did Punjab and Haryana HC say

On December 9, the Punjab and Haryana High Court directed the EC to submit all poll-related records including videography, security camera footage and copies of documents after a petition was filed by advocate Mehmood Pracha seeking details related to votes polled at a polling station during the recent Haryana Assembly elections.

Forced to play on uneven ground: Advocate Pracha

Reacting to the amendment, advocate Pracha said that it was unfortunate. Speaking to Scroll, he said, “To save democracy and Babasaheb’s Constitution, we are being forced to play on an uneven ground. Manuwadi forces have throughout history used immoral and unfair methods to suppress the Ambedkarwadis including by means changing the goal post whenever they lose but we have our own methods including our legal strategies to defeat these undemocratic and fascist forces.”