Supreme Courts Seeks Centre, Poll Body's Response Over Election Rules Amendment

The Supreme Court on Monday sought responses from the Centre and the Election Commission on a PIL against the recent amendment to election rules for allegedly restricting public access to election-related records.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar issued notices while hearing the plea of activist Anjali Bhardwaj, represented by advocate Prashant Bhushan.

The bench ordered tagging of the PIL with a similar pending plea filed by Congress leader Jairam Ramesh.

Both matters would be heard in the week starting March 17.

The top court on January 15 sought responses from the Centre and the poll panel on Ramesh's plea against the recent amendments, including no public access to CCTV, to the 1961 election rules.

The PIL, filed through Bhushan, challenges the validity of the Conduct of Elections (Second Amendment) Rules, 2024 and argues the amendment to Rule 93(2)(a) of the Conduct of Election Rules, 1961 violates Articles 14, 19, and 21 of the Constitution by restricting citizens' access to crucial election-related documents.

Prior to the amendment, it was stated, Rule 93(2)(a) provided "all other papers relating to the election shall be open to public inspection".

"The impugned amendment is a blatant violation of Article 19(1)(a) and 21 of the Constitution of India as it brings opaqueness and restricts people's fundamental right to access vital documents and papers related to elections," the plea said.

The amendment, said the plea, sought to narrow and restrict public access to election related records, Rule 93(2)(a) of the Conduct of Election Rules, 1961 prior to the 2024 amendment.

The new amendment is stated to have modified the provision to "all other papers as specified in these rules relating to the election shall be open to public inspection".

The petitioner argued the change introduced new and arbitrary restrictions on public access, limiting transparency in the electoral process.

The plea said the amendment infringed upon the fundamental right to information enshrined in Article 19(1)(a) and the right to a free and fair election under Article 21.

It claimed the amendment curtailed public scrutiny of election records, leading to reduced transparency and potentially facilitating corrupt practices.

The amendment imposed arbitrary constraints by restricting access to only those records explicitly mentioned in the rules, excluding others without justification, it added.

By limiting access to election documents, the amendment is seen as contrary to the spirit of the RTI Act, which promotes governmental accountability and transparency, it said.

The plea urged the court to set aside and declare the Conduct of Elections (Second Amendment) Rules, 2024, as unconstitutional, illegal, and void.

The authorities, said the plea, should be asked to allow access to election records, as per the petitioner's applications of May 28, 2024, under Rule 93(2) of the Conduct of Election Rules, 1961.

It sought a structured process for timely furnishing of election-related documents to prevent undue delays in accessing crucial information.

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