‘Why is the Election Commission so afraid of transparency?’ When EC changed the election rules, Congress said – will challenge

New Delhi: The Center and the Election Commission have made major changes in the election rules. According to this, now the CCTV footage of the polling booth will not be made public. Congress has objected to this change. The party says that this will affect the fairness of the elections. Congress has also decided to challenge this decision and the new rules of the Election Commission in the court. These rules relate to making public documents and recordings related to elections. On the other hand, the Election Commission said that this step has been taken for security reasons.

‘EC is reducing the transparency of the election process’

Congress says that the Election Commission is reducing the transparency of the election process. Congress spokesperson Jairam Ramesh made a tweet in this regard. he/she said that this is the clearest evidence that has come to light in recent times for our claims regarding the rapidly declining integrity of the electoral process managed by the Election Commission of India. Transparency and openness are most helpful in exposing and eliminating corruption and unethical practices, and information restores trust in the process.

Jairam Ramesh raised questions on the decision

Jairam Ramesh said that the Punjab and Haryana High Court agreed with this argument and directed the Election Commission to share all the information. It is also legally necessary to do this with the public. But instead of complying with the decision, the Election Commission hastened to amend the law to narrow the list of what can be shared. Why is the Election Commission so afraid of transparency? This step of the Commission will soon be challenged legally.

Congress will challenge changes in election rules in court

The Congress leader has made it clear that his/her party will immediately challenge this amendment in the court. The Election Commission argues that these changes are necessary for the safety of voters and to prevent irregularities. The whole matter started with a petition in which election-related videography, CCTV footage and a copy of Form 17-C were sought.

This is how the whole matter started

There is no provision in the current rules for the Election Commission to make all this public. Some records can be made public on court orders. On Friday, the Election Commission amended the rules. In this amendment, clause (a) of sub-section (2) of section 93 has been inserted after the word ‘papers’. This means that only those documents or electronic records will be made public which are given in the rules. CCTV footage and videography are not included in these.

Election Commission changed the rules

Election Commission sources have defended this change. he/she says that making CCTV footage public can lead to disturbances and is a threat to the safety of voters. A senior election official said sharing CCTV footage could have serious consequences, especially in sensitive areas like Jammu and Kashmir, Naxal-hit areas where privacy is important and voters’ lives are at risk to participate in the democratic process.

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Candidates will not be able to access CCTV footage and e-records of the polling booth.

The Election Commission says that all election papers and documents can be seen by the public anyway. Candidates have access to all documents, papers and records. The officer further said that the petitioner could also see all the records of his/her area. EC sources said the rules referred to electoral paper documents and not electronic records. An election official said that to remove this ambiguity and keeping in mind the possible misuse of CCTV footage inside the polling booth by a person using AI, the rule has been amended.

Know what is there in the new rules

The Central Government, in collaboration with the Election Commission, has made changes in the election related rules. Due to this, the common people’s access to CCTV footage and electronic records of polling booths has been limited. This change comes just days after the Punjab and Haryana High Court’s order directing the Election Commission to share election-related footage. Congress has called this step against election transparency and has said that it will be challenged.

What will be the effect of the change?

The Election Commission has amended Rule 93 (2) (A) of the Conduct of Elections Rules, 1961. After this amendment, the Election Commission can now refuse to provide CCTV footage and electronic records. On December 9, the Punjab and Haryana High Court had ordered the Election Commission to give videography of a polling booth, CCTV footage and copies of documents related to votes during the Haryana Assembly elections to lawyer Mahmood Pracha. It is only after this order that the Central Government has made this change in the election rules.

What will happen with the new amendment?

According to the new amendment, ‘all other papers relating to an election, as specified in these rules, shall be open to public inspection.’ The rules only mention documents like nomination forms, appointment of election agents, results and details of election expenses. However, recently, information about other Election Commission activities like CCTV footage, webcasting footage and video recording of candidates during the Model Code of Conduct was also being sought citing Rule 93(2)(a) of the 1961 Rules. Not mentioned.

This amendment is related to the word ‘Election Paper’

Election Commission sources say that this amendment has been made in view of serious concerns to remove ambiguity regarding the term ‘election paper’ and possible misuse of electronic records/CCTV footage. An Election Commission official, on condition of anonymity, said that recently the Punjab and Haryana High Court had directed to share all the documents related to Haryana elections in the case of Mahmood Pracha vs ECI. In this, CCTV footage was also considered under Rule 93(2) of the Election Rules. There is mention of election papers in the rules. The election papers and documents do not specifically mention electronic records.