Supreme Court Issues Notice On RTI Activist's Plea Challenging Amendment To Election Rules Restricting Public Disclosure Of Poll Records

The Supreme issued notice to the Union Government and the Election Commission of India in a petition challenging the amendments to the Conduct of Elections Rules, 1961 which seeks to restrict people's right to access election related records.The petition has been filed by Anjali Bhardwaj who is a transparency activist and has been working on issues of transparency and accountability for several decades. The bench comprising CJI Sanjiv Khanna and Justice Sanjay Kumar issued notice in the petition tagged it with the similarly pending challenge by Congress Rajya Sabha MP and Congress leader Jairam RameshThe plea states that the 2024 amendment carried out in Rule 93 (2) (a) of the Conduct of Election Rules, 1961, places unreasonable restriction on the fundamental right to information of voters in so far as it introduces new restrictions beyond the records already specifically exempt from disclosure under Rule 93(1). The petitioner argues that by way of the amendment, a restriction has been created on the access of all electoral records including the photography, videography and CCTV footage, various reports and diaries required to be maintained by election officials including the Presiding Officer's Diary and the Report of the Returning Officer's Diary etc. 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". Highlighting that the amendment violates the right to information under Article 19 and 21, the petition states : “That the impugned amendment is a blatant violation of article 19(1)(a) and 21 of the Constitution of India as it brings opaqueness andrestricts people's fundamental right to access vital documents and papers related to elections. The impugned amendment seeks to narrow and restrict public access to election related records.”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 main relief sought by the petitioner include: a) Issue an appropriate writ, order or direction setting aside and declaring the Conduct of Elections (Second Amendment) Rules, 2024 brought in through notification dated 20.12.2024 in official gazette issued by Respondent No. 1 amending Rule 93(2)(a) of the Conduct of Election Rules, 1961 as being unconstitutional, illegal and void;b) Issue an appropriate writ, order or direction directing Respondent authorities to provide copies and allow inspection as sought by the petitioner as per her applications dated 28.05.2024 under Rule 93(2) of the Conduct of Election Rules, 1961;c) Issue an appropriate writ, order or direction laying down a time- bound mechanism for furnishing of copies of election papers under Rule 93(2) of Conduct of Elections Rules, 1961;d) Issue an appropriate writ, order or direction directing Respondent No. 1 to set aside the direction in point no. 3 of Para 19.8.2 of Handbook for Returning Officer, 2023 which places arbitrary restrictions on people's rights to access information regarding elections;The petitioner was represented by Advocates Prashant Bhushan, Neha Rathi and Kajal.The matter will now be heard on March 17, 2025.Case Details : ANJALI BHARDWAJ VS. UNION OF INDIA| W.P.(C) No. 000083 / 2025Click Here To Read/Download Order

Supreme Court Issues Notice On RTI Activist's Plea Challenging Amendment To Election Rules Restricting Public Disclosure Of Poll Records

Anmol Kaur Bawa

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