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Congress Challenges Recent Election Rule Amendments in SC

New Delhi: Congress leader Jairam Ramesh today filed a writ petition in the Supreme Court, contesting recent amendments to the Conduct of Election Rules, 1961. The party has urged the apex court to take action to safeguard the “rapidly eroding” integrity of the electoral process.

“A writ has just been filed in the Supreme Court challenging the recent amendments to the Conduct of Election Rules, 1961. The Election Commission, a constitutional body tasked with ensuring free and fair elections, cannot be allowed to unilaterally and without public consultation amend such a critical law in such a brazen manner. This is especially concerning when the amendment restricts public access to essential information that enhances transparency and accountability in the electoral process. The integrity of the electoral process is fast eroding. Hopefully, the Supreme Court will help restore it,” Ramesh stated in a post on X.

The amendments reportedly prevent public access to certain electronic documents, including CCTV footage, webcasting records, and video recordings of candidates, citing concerns over potential misuse. Acting on the Election Commission of India’s (ECI) recommendations, the Union Law Ministry amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, on Friday. The revised rule limits public inspection to documents explicitly specified in the rules.

Previously, opposition parties, including the Samajwadi Party (SP) and Left parties, criticised the Election Commission for “undermining multi-party democracy” by making unilateral decisions without consulting all stakeholders. The Congress accused the EC of being part of a “systematic conspiracy to compromise the institutional integrity” of the Election Commission.

The amended rule states: “All other papers as specified in these rules relating to the election shall be open to public inspection.” This change, notified by the Union Ministry of Law and Justice in consultation with ECI, means not all election-related documents are open to public scrutiny. Only those explicitly listed in the Conduct of Election Rules are accessible for inspection, according to Scroll.in.

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