Congress' Pawan Khera alleges Govt "restricting" public access to election documents

Khera, who is the Chairman of the the party's Media and Publicity Department, claimed that on December 9 last year, the Punjab and Haryana High Court directed the Election Commission to share CCTV footage and Form 17C records from the Haryana elections, leading to the Election Commission of India (ECI) writing to the Law Ministry proposing changes to Rule 93 of the Conduct of Election Rules, arguing that allowing inspection of "all other papers" created an "administrative burden".

In a post on X, he further claimed that by December 20 last year, the rule was amended and notified.

He said that the phrase "all other papers relating to the election shall be open to public inspection" was replaced with "all other papers as specified in these rules", quietly narrowing public access.

https://x.com/Pawankhera/status/1933016203590569985

"The government has quietly restricted public access to election documents, just 11 days after a High Court order demanding transparency. On Dec 9, 2024, the Punjab & Haryana High Court directed the Election Commission to share CCTV footage and Form 17C records from the Haryana elections, he said on social media platform X, based on an article.

"On Dec 17, the EC wrote to the Law Ministry proposing changes to Rule 93 of the Conduct of Election Rules, arguing that allowing inspection of 'all other papers' created an 'administrative burden'. By 10:23 PM on Dec 20, the rule was amended and notified. The phrase "all other papers relating to the election shall be open to public inspection" was replaced with "all other papers as specified in these rules", quietly narrowing public access," Khera said.

The Congress leader claimed that the amendment created a legal "ambiguity" and contradicted the original intent of the rule in place since 1961.

"The amendment effectively blocks access to CCTV footage, video recordings, and other electronic records, none of which are 'specified' in the old rulebook.

He said the amendment was done after the High Court ordered the release of those materials. "The timing and speed, just 11 days from court order to notification, are notable," Khera added.

Stating that India faces a crisis of electoral trust, he noted recent government steps, such as limiting VVPAT verification to just five machines per Assembly segment.

He also pointed out that CCTV and webcast recordings from polling stations are now out of reach.

"Public inspection rights, once guaranteed by Rule 93(2), have been diluted without public debate or Parliamentary scrutiny," Khera stated.

This came days after Leader of the Opposition (LoP) in Lok Sabha and Congress leader Rahul Gandhi called upon the Election Commission to publish consolidated, digital, machine-readable voter rolls for the most recent elections to the Lok Sabha and Vidhan Sabhas of all states, including Maharashtra, saying that "telling the truth" will protect the poll panel's credibility.

On Monday, Maharashtra's Chief Electoral Officer released a statement saying that electoral rolls are revised annually and are distributed to various recognised parties free of cost during the election cycle.

"Electoral rolls are revised annually through a participatory exercise. During this annual exercise, the electoral rolls are shared, free of cost, with recognised political parties, including the INC, first at the draft stage and a second time after its finalisation. The similar exercise was done in 2009, 2014, 2019, and 2024, and copies of such electoral rolls were then shared with the INC, as well as other political parties," an official statement from Maharashtra's CEO said. (ANI)