Supreme Court Gives Time To Union & ECI For Response On Challenge To Conduct Of Election Rules

The Supreme Court today (April 17) granted two-week extension to the Union and the Election Commission of India (ECI) for filling its response to the challenge to the recent amendment to the Conduct of Elections Rules 1961, which restricts public access to polling footage and records. 

The Court also clarified that the present plea would not bar the High Courts from adjudicating any petitions filed there challenging the recent electoral amendments 

The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a  Public Interest Litigation (PIL) filed by Rajya Sabha MP and Congress leader Jairam Ramesh challenging the recent amendment to the Conduct of Elections Rules 1961 on the ground that it prohibits the public disclosure of the CCTV footage of polling and other relevant records.

The Court had previously sought a response from the Union and ECI on the issue. 

Today, Senior Advocate Maninder Singh, appearing for the ECI, requested further time of two weeks to file the reply. The bench granted extra time and also allowed for the filing of any rejoinder. 

An intervenor also weighed in to point out that because of the present petition, several High Courts would not be able to adjudicate the writ petitions challenging the recent amendments. He stressed : 

The CJI then clarified that, " We calrify that the pendency of the present petition will not have a bearing on  writ petitions if any filed before the High Courts"

The present PIL challenges the vires of the Union's amendment to Rule 93(2)(a) of the Conduct of Election Rules (Production and inspection of election papers).

Notably, before the amendment, the Rule stated "All other papers relating to the election shall be open to public inspection"

The amended provision now provides: "All other papers as specified in these rules relating to the election shall be open to public inspection".

On an earlier hearing, Senior Advocate AM Singhvi appearing for Jairam Ramesh submitted that the reason for making such an amendment as stated by the Union in the media is to ensure that the identity of the voters is not revealed. He highlighted that it wasn't the case that voters' privacy was being violated earlier. 

Notably, the Handbook of the Returning Officer 2023 details the procedure for the storage and supply of important election documents and records including CCTV footage of the polling stations (Clause 19.10), copies of the results form, supply of 17C- account of votes recorded in each constituency.

Thus prior to the amendment, the supply of the CCTV footage and other electoral records for public inspection was possible.

The matter will now be heard in July. 

Case Details : JAIRAM RAMESH Versus UNION OF INDIA AND ANR. W.P.(C) No. 18/2025

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