In a move to check the potential misuse of postal ballot facility extended to voters on poll duty, electoral rules have been changed to ensure that such people cast their vote at designated facilitation centres only and do not keep the ballot papers with them for a long time. Based on the recommendations of the Election Commission (EC), the Ministry of Law and Justice has amended an election rule to prevent public inspection of certain electronic documents such as CCTV camera and webcasting footage as well as video recordings of candidates to prevent their misuse.

The amendment has earned severe criticism from the Congress general secretary in-charge communications Jairam Ramesh, who hit out at the poll body saying it was a “vindication” of the party’s assertion of the “rapidly eroding integrity” of the electoral process. “Why the poll panel was afraid of transparency”, Ramesh questioned.

According to Rule 93, all “papers” related to elections shall be open to public inspection. The amendment inserts “as specified in these rules” after “papers”.  “In the Conduct of Elections Rules, 1961, in rule 93, in sub-rule (2), in clause (a), after the word “papers”, the words “as specified in these rules” shall be inserted,” the Ministry said in a notification. A new section 18A has been added in the rules.

It states that “Notwithstanding anything in this Part, a voter on election duty shall receive his postal ballot, record his vote thereon in accordance with this Part and return the same at the facilitation centre as specified, in writing, by the returning officer.”

The poll body had in September last year recommended to the Union law ministry to tweak the Conduct of Election Rules, 1961 to ensure that voters on poll duty cast their vote at voter facilitation centres located where they are deployed. The EC was of the view that if a postal ballot remains with a voter for a long time, the person could be highly susceptible to undue influence, threats, bribery and other unethical means by candidates or political parties.

According to the Ministry of Law, a court case was the “trigger” behind the amendment. Documents such as nomination forms, appointment of election agents, results and election account statements are mentioned in the Conduct of Election Rules, electronic documents such as CCTV camera footage, webcasting footage and video recording of candidates during the Model Code of Conduct period are not covered.

“CCTV coverage, webcasting of polling stations are not carried out under Conduct of Election Rules but are the result of steps taken by the EC to ensure a level playing field,” said an official.

“All such material is available to candidates, including footage. After the amendment, too, it will be available to them. But other people can always approach the courts to get such electronic records,” said another functionary. Candidates already have access to all documents and papers. Nothing has been amended in the rules in this regard, the functionary added.

An EC official said the misuse of CCTV camera footage from inside polling booths could compromise voter secrecy.  He also said the footage could be used to generate fake narrative using AI. There have been instances where such electronic records have been sought, citing the rules. The amendment ensures that only papers mentioned in the rules are available for public inspection and any other document which has no reference in the rules is not allowed for public inspection.”

Punjab and Haryana High Court, in the recent Mahmoud Pracha vs EC case, had directed sharing all documents related to the Haryana Assembly elections, including treating CCTV camera footage as permissible under Rule 93(2), with Pracha.The rule mentioned election

papers. The election papers and documents do not specifically refer to electronic records, the EC functionaries said.

In order to remove this ambiguity, the rule has been amended to safeguard the misuse of CCTV camera footage of polling stations, an EC official explained. Criticising the move, Ramesh said the party would legally challenge the amendment. “If there was ever a vindication of our assertions regarding the rapidly eroding integrity of the electoral process managed by the Election Commission of India (ECI) in recent times, this is it,” Ramesh said in a post on X.

Sharing a December 20 notification, the Congress leader said, “This move of the ECI will be

challenged legally right away.” Ramesh said sunlight was the best disinfectant and information would restore faith in the process, a reasoning Punjab and Haryana High Court agreed with when it directed the ECI to share all information it was legally required to with the public. “Yet, the EC, instead of complying with the judgment, rushes to amend the law to curtail the list of what can be shared,” he said.

“Why is the ECI so afraid of transparency?” the Congress general secretary asked. Transparency and openness are key in exposing and eliminating corruption and unethical practices and information restores confidence in the process, Ramesh noted.