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The action came after the Punjab and Haryana High Court asked the ECI to supply all information, including video and CCTV footage pertaining to a particular booth in the recent Haryana assembly polls, to the petitioner
As per sources in the ECI, the candidate already has access to all the documents and papers, and nothing has been amended in the rules in this regard. File pic/PTI
A gazette notification from the union law ministry has been creating a political storm since Saturday morning over the decision of the Election Commission of India to “rush to amend the law to curtail the list of what can be shared” with the public after a court order mandated it to disclose the details. However, News18 has learnt that the decision has been made to curb the “misuse of CCTV footage”.
As per the December 20 notification, the ministry changed Rule 93(2)(a) of the 1961 Conduct of Election Rules under the Representation of the People Act, 1951. So far, the rule stated that “all other papers relating to the election shall be open to public inspection”. However, from now on it has been changed to “all other papers as specified in these rules relating to the election shall be open to public inspection”.
The action came after the Punjab and Haryana High Court asked the ECI to supply all information, including video and CCTV footage pertaining to a particular booth in the recent Haryana assembly polls, to the petitioner.
What was changed and why
As per sources in the ECI, the candidate already has access to all the documents and papers, and nothing has been amended in the rules in this regard.
“Recently, Punjab and Haryana High Court in a case—Mahmoud Pracha vs ECI—directed sharing of all documents related to Haryana assembly elections including treating CCTV footage as also permissible under Rule 93(2) of the Conduct of Election Rules to Pracha,” a poll body official told News18.
The rule mentioned election papers, but the election papers and documents do not specifically refer to electronic records, he said.
“In order to remove this ambiguity and considering the serious issue of violation of secrecy of vote and potential misuse of the CCTV footage from inside the polling station using artificial intelligence by a single person, the rule has been amended to stop misuse of CCTV footage inside the polling station,” they said.
Another official explained that sharing CCTV footage may have serious repercussions, especially in sensitive areas like J&K and Naxal-affected regions where secrecy is important.
“The lives of the voters may also be at risk. All election papers and documents are otherwise available for public inspection,” the official said.
The official added that candidates, in any case, have access to all documents, papers, and records.
“Even Pracha was entitled to all the documents and records from his constituency when he contested as a candidate in Lok Sabha Elections 2024,” said the official.
Congress to challenge order
The Congress has criticised the move, saying if there was ever a vindication of assertions regarding the rapidly eroding integrity of the electoral process managed by the Election Commission of India in recent times, this was it.
“Sunlight is the best disinfectant, and information will restore faith in the process – a reasoning the Punjab and Haryana High Court agreed with when it directed the ECI to share all information that it is legally required to do so with the public. Yet the ECI, instead of complying with the judgement, rushes to amend the law to curtail the list of what can be shared. Why is the ECI so afraid of transparency? This move of the ECI will be challenged legally right away,” Congress leader Jairam Ramesh said on social media site X.
