The Supreme Court on Wednesday issued notice and sought a detailed response from the Centre and the Election Commission of India (ECI) after hearing a plea filed by the Congress leader, Jairam Ramesh challenging certain amendments made to the Conduct of the Election Rules of 1961.
"We issue notice to Centre and ECI. They need to file their respective replies before the week commencing on March 17," said, a two-judge bench of the apex court, led by the Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar.
After hearing the plea of Ramesh, the apex court, prima facie, found some merit in it and thereby issued notice to the respective respondents and sought their detailed responses in the case, and fixed the matter for further hearing to March 17.
Ramesh, the Secretary of the All India Congress Committee's (AICC), had moved the apex court and in his plea, he alleged that the amendment did away with public access to essential information that makes the electoral process more transparent and accountable.
He had further added that the amendment prevents public inspection of electronic documents, including CCTV footage, webcasting recordings and video footage of candidates.
Questioning the reasoning behind the amendment, Senior advocate Abhishek Manu Singhvi, appearing for Ramesh, argued before the Apex court that one of the reasons given in the press was that CCTV have been taken away, as during the process of voting, identity of voter is revealed.
He had moved the top court and challenged the Centre's recently amending the Conduct of Election Rules, 1961, based on the recommendations of the poll panel.
The Central government amended Rule 93 of the Conduct of Election Rules, 1961, to limit public access to certain electronic documents with an aim to prevent the misuse of electronic election records.
It amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, to restrict the type of "papers" or documents open to public inspection in case of any discrepancy or doubt.
Highlighting that the ECI is a Constitutional body charged with the conduct of free and fair elections, Ramesh said that it cannot be allowed to amend to such a vital law in such a brazen manner without public consultation.