Opposition criticises Centre after amendments in Election Conduct Rules; official cites protection of 'secrecy of votes'

The Union Law Ministry recently amended Rule 93(2) of the Conduct of Election Rules, 1961, to specify which documents are open to public inspection.

The amendment by the Centre is based on a recommendation from the Election Commission of India. This came in the wake of a recent Punjab and Haryana High Court directive in the Mahmoud Pracha vs ECI case, where the court ordered the sharing of all documents related to the Haryana Assembly elections, including CCTV footage under Rule 93(2) of the Conduct of Election Rules, 1961.

Following this decision, Congress President Mallikarjun Kharge strongly criticizing the Union Government, accusing it of undermining the integrity of the Election Commission of India.

In a post on X, Kharge highlighted previous actions, such as the removal of the Chief Justice of India from the ECI selection panel, and claimed that the government is now stonewalling crucial electoral information despite a High Court order.

"Modi Government's audacious amendment in the Conduct of Election Rules is another assault in its systematic conspiracy to destroy the institutional integrity of the Election Commission of India. Earlier, they had removed the Chief Justice of India from the Selection panel which appoints Election Commissioners, and now they have resorted to stonewall electoral information, even after a High Court order," he said.

"Every time the Congress party wrote to the ECI, regarding specific poll irregularities such as voter deletions and lack of transparency in EVMs, the ECI has responded in a condescending tone and chosen not to even acknowledge certain serious complaints. This again proves that the ECI, even though is a quasi-judicial body is not behaving independently. Modi Govt's calibrated erosion of ECI's integrity is a frontal attack on the Constitution and Democracy and we will take every step to safeguard them," Kharge added.

Congress leader KC Venugopal also expressed concern over the Union Government's recent amendment to the Conduct of Election Rules, citing a disturbing trend of opacity in the Election Commission and electoral process.

Venugopal pointed out that despite a High Court order to provide sufficient documents, the Election Commission disobeyed and instead amended the rules, sparking concerns about the integrity of the electoral process

Speaking to ANI, Venugopal pointed out that this is "clear evidence" that the government is sabotaging the election process.

"After the Haryana assembly elections, we asked for the final voter list from the election commission of India. It is mandatory to give but they did not give us...After that, we went to the high court and the high court ordered them to provide sufficient documents to the parties. Immediately after that instead of obeying the HC order, they amended the rules. Something is happening in the election commission and electoral process," he said.

"What is the reason they removed the Chief Justice of India from the panel to choose the Chief Election Commissioner?... These are very clear evidence that they are sabotaging the election process and hijacking the electoral voter list which we are going to fight legally," Venugopal added.

Congress MP Manish Tewari termed these timings of the amendments as "most unfortunate," saying that this came while an ongoing proceeding and certain directions were given by the High Court.

"It is most unfortunate that while a proceeding was going on in the Punjab and Haryana High Court and certain directions were given by the High Court, the election conduct rules, specifically with regard to those directions, have been changed," Tewari stated.

He added that the changes could attract the attention of the court and stressed that the modifications could negatively impact the integrity and credibility of the electoral process.

Tewari further condemned the changes and stated that the revised rules should be laid before Parliament and mentioned that the INDIA alliance would take an appropriate stance during the upcoming budget session of Parliament.

"Obviously, the court will take cognisance of it. But more importantly, it sends out a very negative signal with regard to the intent to maintain the integrity and credibility of the electoral processes. We condemn it, and these rules obviously will have to be laid on the floor of Parliament, and in the budget session of Parliament, I think the Indian INDIA Alliance parties will take an appropriate call," he added.

Criticising the new amendments, Maharashtra Congress President Nana Patole alleged that the Mahayuti government in the state returned to power by "stealing" the people's mandate.

Raising questions on the amendments and the Election Commission, Patole said somthing is "fishy."

"The government that has been formed in Maharashtra has come to power because of the Election Commission and the bosses sitting in the Centre. This government has been formed by stealing the mandate. Just yesterday, the Election Commission issued a notification saying that it will not give any information now. It means that there is something fishy," he said.

Earlier, Aam Aadmi Party national convenor Arvind Kejriwal also raised 'suspicion' on the move, saying "This means something is very wrong."

However, a senior ECI official clarified to ANI that the candidate already has access to all the documents and papers, and no amendments have been made to the rules in this regard.

The ECI official noted that while the rule refers to "election papers," it does not explicitly address electronic records. The ambiguity in the rule and concerns over potential misuse of CCTV footage inside polling stations, especially with advancements in artificial intelligence, prompted an amendment to safeguard voter secrecy and prevent its misuse.

The official emphasized that sharing CCTV footage inside the polling stations from sensitive areas such as Jammu and Kashmir or Naxal-affected regions could compromise voter safety. "Lives of voters may be at risk, and the secrecy of the vote must be protected," the official stated. All other election-related documents and papers remain accessible for public inspection. (ANI)