Centre Amends Poll Rule to Bar Public Access to e-Docus

Acting on a recommendation from the Election Commission (EC), the Union law ministry amended Rule 93 of the Conduct of Election Rules, 1961, which earlier allowed all election-related “papers” to be publicly inspected. The amendment adds the phrase “as specified in these rules,” limiting open inspection to only those documents explicitly mentioned.

Law ministry and EC officials said a recent court case prompted the change. While existing rules list paper-based items like nomination forms, appointment of election agents, results, and election accounts, they do not include electronic records such as CCTV footage, webcasting content, or video recordings of candidates during the Model Code of Conduct period.

“There have been instances where people cited the existing rule to seek electronic records,” an EC official noted. “Now, only papers named in the rules are available for inspection. Other electronic documents, not covered by the rules, won’t be open for public scrutiny. However, candidates can still access this material, and individuals can approach the courts if needed.”

According to EC functionaries, unrestricted public access to CCTV footage from polling booths could compromise voter secrecy and potentially be exploited for misinformation using AI. An official pointed out that even after the amendment, candidates retain the right to obtain such footage, while others must secure court permission.

The Punjab and Haryana High Court recently directed the EC to provide certain Haryana Assembly election documents to advocate Mehmood Pracha, who sought videography, CCTV camera footage, and Forms 17-C Parts I and II related to election procedures. This case highlighted the need for clarity on which election records remain publicly accessible.