Refusing transparency, undermining trust

• Anil Masih, a presiding officer, was caught manipulating votes in Chandigarh mayor elections to aid the Bharatiya Janata Party (BJP).

• The incident highlighted the need for transparency in the electoral process to detect and prevent election fraud.

• The Central government has proposed an amendment to Rule 93(2) of the Conduct of Election Rules, 1961, restricting public access to election-related records.

• The amendment narrows the scope of people’s right to information by adding a qualification that only “papers as specified in these rules relating to the election shall be open to public inspection.”

• The ECI’s role in the matter is concerning as it is responsible for ensuring free and fair elections.

• In the 2024 general elections, the ECI did not provide absolute voter turnout figures after the completion of voting in the initial phases.

• Public demand for disclosure of Form 17C, a form containing information on voter turnout and votes recorded in the Electronic Voting Machine (EVM), was raised.

• Political parties also sought copies of Form 17C after the general elections, claiming an abnormally large increase in voter turnout between the figures declared by the ECI at the close of polls on the day of voting and the final turnout declared a few days later.

• The ECI’s reluctance to share copies of Form 17C is inexplicable, as copies of Part 1 of Form 17C are given to polling agents who are present at the booth and there is no prohibition on their further dissemination.

• The Supreme Court struck down the electoral bonds scheme in 2024 as violating a voter’s fundamental right to information. A challenge to the new amendment has already reached the apex court.