SC seeks Centre’s response on restricting public access to poll-related documents
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The Supreme Court issued a notice to the Central government over the recent amendments to the Conduct of Elections Rules, 1961, which restrict public access to certain election-related documents, after a right-to-information activist challenged the amendments, citing a violation of voters' fundamental right to know the process.
Transparency activist Anjali Bhardwaj filed the plea after the Union government amended Rule 93(2)(a) in December 2024, which now limits public access to certain election-related documents and excludes electronic records such as CCTV footage, webcasting recordings, video footage of candidates, and other election process materials that were previously available for inspection.
A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar heard the petitioner’s arguments that these documents contain critical details, including vote counts at specific intervals, voter turnout figures at polling stations at closing hours, and instances of voting disruptions, all of which were accessible before the amendments.
The petitioner contended that restricting access to such information undermines the fundamental right to information guaranteed under Article 19(1)(a) of the Constitution and upheld in several judicial pronouncements related to election transparency.
The petition also sought directions from the ECI to provide documents related to the 2024 Lok Sabha elections, including copies of Form 17C Part I for Delhi constituencies, which record the votes cast at each polling station.
With concerns raised over the potential impact of the amendments on electoral transparency, the case is set for a further hearing on March 17, 2025, as the Supreme Court examines the implications of the new rules on public access to election-related information.