Rule tweak cuts access to certain poll documents

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Rule tweak cuts access to certain poll documents



NEW DELHI: In a move that drew sharp criticism from the Opposition parties and RTI activists, the Centre on Friday amended the ‘Conduct of Election Rules’ to prevent public scrutiny of certain electronic documents such as CCTV footage and video recordings of polling.Based on the Election Commission’s (EC) recommendation, the Union Law Ministry amended Rule 93 of the Conduct of Election Rules, 1961, to restrict certain documents that were to public inspection till now.Rule 93(2)(a) earlier stated that “all other papers relating to the election shall be open to public inspection”. The amended version says “all other papers as specified in these rules relating to the election shall be open to public inspection.” Acting upon a complaint filed by advocate Mehmood Pracha, the Punjab and Haryana High Court has recently directed 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. Pracha had sought video and CCTV footage, and copies of Forms 17-C Parts I and II related to the polls.Coming down heavily on the amendment, the Congress said it would challenge it in court.In a post on X, Congress general secretary Jairam Ramesh said that the tweak was a “vindication” of its assertions regarding the “rapidly eroding integrity” of the electoral process managed by the Election Commission in recent times. For their part, the Law Ministry and EC officials said documents such as nomination forms, appointment of poll agents, results and election account statements are mentioned in the Conduct of Election Rules, but electronic documents such as CCTV footage are not.“There have been instances where such electronic records have been sought, citing the rules. The amendment ensures that only papers mentioned in the rules are available for public inspection,” an EC official said. He added that the misuse of CCTV footage from inside polling booths could compromise voter secrecy and could be used to generate fake narratives using AI. “All such material is available to candidates, including footage. After the amendment, too, it will be available to them.”



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