NEW DELHI: The Supreme Court on Wednesday issued a notice to the Union government and the Election Commission on a plea by Congress general secretary Jairam Ramesh challenging recent amendments to the 1961 Conduct of Election Rules.
The petitioner claimed those amendments restricted public access to CCTV and other election-related documents. Based on the recommendation of the Election Commission of India, the Union law ministry in December, 2024 amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, to restrict the type of "papers" or documents open to public inspection.
Taking up a writ petition by Ramesh, a bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar sought a response from the Centre and the poll panel.
The court heard senior advocate A M Singhvi on behalf of the former Union Minister Ramesh.
The counsel said the amendment stated that unless it is specified in these rules, then the EC is not obliged to disclose.
Singhvi said there is no specification under these rules, the amendment is only one line under these rules.
The bench sought to know as to what the earlier rule was.
Singhvi said that is the catch in this, and they have done it very cleverly, as there were no earlier rules.
He also claimed the amendment would affect supply of 17C Form, which is the account of votes recorded in each constituency.
Ramesh claimed the integrity of the electoral process is fast eroding. "Hopefully the Supreme Court will help restore it," he said.
"A writ has just been filed in the Supreme Court challenging the recent amendments to the Conduct of Election Rules, 1961," he had said earlier.
Ramesh had said the Election Commission, a constitutional body charged with the conduct of free and fair elections, cannot be allowed to unilaterally, and without public consultation, amend such a vital law in such a brazen manner.
He had said this is especially true when that amendment does away with public access to essential information that makes the electoral process more transparent and accountable.
