Election conduct rules amended to curb misuse of CCTV footage: ECI officials to News18

Last update:December 22, 2024, 00:49 IST

The action came after the Punjab and Haryana High Court asked the ECI to provide the petitioner with all information, including video footage and CCTV footage relating to a particular booth during the recent polls of Haryana Assembly.

According to ICE sources, the applicant already has access to all documents and papers, and nothing has been changed in the regulations in this regard. File photo/PTI

A gazette notification from the Union Law Ministry has created a political storm since Saturday morning over the Election Commission of India’s decision to “rush to amend the law to narrow down the list of what can be shared » with the public after a court order. charged him with disclosing the details. However, News18 has learned that the decision was taken to curb the “misuse of CCTV footage”.

As per the notification dated December 20, the ministry has amended Rule 93(2)(a) of the Conduct of Election Rules, 1961 under the Representation of the People Act, 1951. Till now, the rule stated that “all other documents relating to the election shall be open to public inspection”. However, from now on this has been replaced with “all other documents specified in these regulations relating to the election shall be open to inspection public.

The action came after the Punjab and Haryana High Court asked the ECI to provide the petitioner with all information, including video footage and CCTV footage relating to a particular booth during the recent polls of Haryana Assembly.

What has changed and why

According to ICE sources, the applicant already has access to all documents and papers, and nothing has been changed in the regulations in this regard.

“Recently, the Punjab and Haryana High Court, in a case – Mahmoud Pracha v. ECI – ordered sharing of all documents related to the Haryana Assembly elections, including processing of images of CCTV as also permitted under Rule 93(2) of the Pracha Election Conduct Rules,” an official of the polling body told News18.

The rule mentions election papers, but election papers and documents do not specifically refer to electronic records, he said.

“In order to remove this ambiguity and taking into account the serious problem of violation of the secrecy of the vote and the potential misuse of video surveillance images from inside the polling station using artificial intelligence by a single person, the rule has been amended to stop the misuse of CCTV footage inside the polling station. the polling station,” they said.

Another official said sharing CCTV footage could have serious repercussions, especially in sensitive areas like J&K and Naxal-affected regions, where secrecy is important.

“The lives of voters could also be in danger. All electoral papers and documents can also be consulted by the public,” the official said.

The official added that candidates, in all cases, have access to all documents, papers and files.

“Even Pracha was entitled to all the documents and records of his constituency when he contested as a candidate in the 2024 Lok Sabha elections,” the official said.

Congress to challenge order

The Congress criticized the move, saying if ever there was a justification for claims about the rapidly eroding integrity of the electoral process run by the Election Commission of India in recent times, this was it.

“Sunlight is the best disinfectant, and information will restore confidence in the process – a reasoning the Punjab and Haryana High Court agreed with when it ordered the ECI to share with the public all information that it is legally required to do. However, the ECI, instead of complying with the judgment, is rushing to amend the law to reduce the list of what can be shared. Why is ICE so afraid of transparency? This decision of the ECI will be immediately challenged legally,” Congress leader Jairam Ramesh told social networking site X.