New Delhi: The CPI(M) Sunday demanded the immediate withdrawal of an election rule amendment preventing public inspection of certain electronic documents such as CCTV camera and webcasting footage.
In a statement, the CPI(M) Politburo expressed its strong objection to the amendment, restricting the access of political parties and candidates to electronic records, including video and other digital trails.
The government tweaked the 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 check their misuse.
Based on the recommendation of the Election Commission (EC), the Union Law ministry Friday amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, to restrict the type of “papers” or documents open to public inspection.
The CPI(M) said these steps were initially introduced by the EC in consultation with political parties to ensure greater transparency, and described as “retrograde” the move to amend the rule.
Proper consultations were not carried out with political parties on the issue, it alleged.
“Media reports suggest that the government held consultations with the Election Commission of India while drafting the new rules. However, the Election Commission’s reported concurrence was not preceded by any consultation with political parties, contrary to the established precedents over the years,” the CPI(M) said.
“The government’s argument, which questions the locus standi of the petitioner on the conduct of the electoral process, is specious. This approach completely excludes political parties’ involvement in the procedures to be followed,” the Left party said.
The CPI(M) said its experience, particularly during the Lok Sabha elections in Tripura, showed that charges of rigging led to the examination of videographic records within polling booths, ultimately resulting in repolls being announced in almost half the polling booths across both constituencies.
“In this era, where technology is an integral part of the electoral process, the government’s move represents a retrograde step,” it said.
“The Politburo of the CPI(M), therefore, demands the immediate withdrawal of the proposed amendments to the Conduct of Election Rules,” it added.
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”.
Law ministry and EC officials separately explained that a court case was the “trigger” behind the amendment.
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.
While 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.
An EC functionary said, “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.”
EC functionaries said the misuse of CCTV camera footage from inside polling booths could compromise voter secrecy. They also said the footage could be used to generate fake narrative using AI.
PTI