Supreme Court Seeks Responses Of Union & ECI On Jairam Ramesh's Plea Against Election Rules Amendment On Public Disclosure Of Poll Records

The Supreme Court today (January 15) sought a response from the Union in the 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 bench of CJI Sanjiv Khanna and Justice Sanjay Kumar agreed to issue a notice in the matter and sought a response from the Union of India and the Election Commission of India. 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". 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. Sr Advocate Kapil Sibal also appeared for the petitioner. "One of the reasons given in press is that - they have taken away the video footage as it would reveal the identity of the voter....does your lordships ever get to know the identity of the voter otherwise?" He further added that the tweak in the rules was 'cleverly' done: "They have done it cleverly, it was not in the earlier rules" He clarified to the bench that the "amendment is to the rules, saying that unless I specify in these rules, I am not obliged (the Election Commission) to disclose. Now there is no specification under these rules, the amendment is a one-line amendment."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. Matter will now be heard on March 17. Case Details : JAIRAM RAMESH Versus UNION OF INDIA AND ANR. W.P.(C) No. 18/2025 Click Here To Read/Download Order

Supreme Court Seeks Responses Of Union & ECI On Jairam Ramesh's Plea Against Election Rules Amendment On Public Disclosure Of Poll Records

Anmol Kaur Bawa

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