NEW DELHI: The Supreme Court on Wednesday issued notice to the Centre and the Election Commission in response to a petition by senior Congress functionary Jairam Ramesh challenging the validity of the recent amendment made to the Conduct of Election Rules that curtails public access to certain election records, including CCTV footage inside polling booths.
Agreeing to examine the issue and bringing the amendment under its scanner, a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar sought response from the govt as well as the poll panel.
Challenging the amendment that restricts citizens’ right to access information, senior advocate Abhishek Manu Singhvi, appearing for the Congress neta, questioned the justification given by the EC to change the law.
“One of the reasons given in the press is: ‘we have taken away CCTV, video because the identity of the voter would be revealed’,” Singhvi said. The rules were changed “cleverly”, he added.
The SC bench also raised the question whether disclosing information booth wise would not reveal the voting pattern. Responding to the query, Singhvi and senior advocate Kapil Sibal, who was also present, said Form 17C, which records voter turnout in every polling station of a constituency, is also shared with political parties. Sibal said that he also contested elections and had personal experience of getting information under Form 17C.
After a brief hearing, the SC issued notice and posted the case for hearing to week commencing March 17.
Ramesh, in his petition said, “Every citizen has the fundamental right to know and receive information under Article 19 (1) (a) of Constitution. The information related to the integrity of the electoral process, which allows the public to examine the processes employed in the elections also falls under the right. However, the amendment now attempts to stifle this right and prevent the general public, including the voters, from securing or accessing all such electoral data.”
“The flow of information relating to the election, especially the electoral records, only allows the voters to know the consequence of their votes. Free and fair elections are recognised to be a part of the basic structure of our Constitution. Any efforts to impede the flow of electoral data would cast doubts on the transparency and accountability in the electoral process,” the petition added.
The petition further said, “In fact, over the past few elections, concerns have been raised on the integrity as well as the sanctity of the electoral process. In such a scenario, the commission and the electoral data within its control, should be made more, not less, accessible.”
The central govt amended Rule 93(2)(a) of the Conduct of Election Rules, (Production and Inspection of Election Papers) to restrict public access to certain electronic documents allegedly to prevent the “misuse” of electronic election records.
Before the amendment, the Rule said: “All other papers relating to the election shall be open to public inspection”. The amended provision now says: “All other papers as specified in these rules relating to the election shall be open to public inspection”.
Seeking quashing of the amendment, Ramesh said that the poll panel cannot unilaterally suggest an amendment without public consultation and debate as it impinges citizens’ rights.
He said that the amendment is against transparent election process.
