Election rules amendment PIL: SC asks Centre, poll panel to respond
New Delhi: The Supreme Court on Monday sought responses from the Centre and the Election Commission on a PIL against the recent amendment to election rules for allegedly restricting public access to election-related records.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar issued notices while hearing the plea of activist Anjali Bhardwaj, represented by advocate Prashant Bhushan.
The bench ordered tagging of the PIL with a similar pending plea filed by Congress leader Jairam Ramesh.
Both matters would be heard in the week starting March 17.
The top court on January 15 sought responses from the Centre and the poll panel on Ramesh’s plea against the recent amendments, including no public access to CCTV, to the 1961 election rules.
The PIL, filed through Bhushan, challenges the validity of the Conduct of Elections (Second Amendment) Rules, 2024 and argues the amendment to Rule 93(2)(a) of the Conduct of Election Rules, 1961 violates Articles 14, 19, and 21 of the Constitution by restricting citizens’ access to crucial election-related documents.
Prior to the amendment, it was stated, Rule 93(2)(a) provided “all other papers relating to the election shall be open to public inspection”.
“The impugned amendment is a blatant violation of Article 19(1)(a) and 21 of the Constitution of India as it brings opaqueness and restricts people’s fundamental right to access vital documents and papers related to elections,” the plea said.
The amendment, said the plea, sought to narrow and restrict public access to election related records, Rule 93(2)(a) of the Conduct of Election Rules, 1961 prior to the 2024 amendment.