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About Conduct of Election Rules, 1961:

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  • Objective:
    • To conduct free and fair elections by formulating detailed procedures for the conduct of elections to Parliament and State Legislatures.

Important characteristics of the rules:

  • Framework for Elections:
    • Details nomination, polling, counting, and declaration of results under various sections and rules.
  • Public Transparency:
    • According to Rule 93(2)(a) (before amendment), “all papers relating to elections” were open for public inspection.
  • Voter Secrecy:
    • Keeps voters’ identities and their actions during the elections secret.
  • Election Officers’ Duties:
    • Provides specific roles and responsibilities of the polling and returning officers.
  • Resolution of Disputes:
    • Procedures for addressing disputes and complaints during the election process.

Recent amendments:

  • Old Version:
    • Public access to “all papers relating to elections.”
  • New Version:
    • Access to “all other papers as specified in these rules,” excepting electronic records such as CCTV footage, webcasting recordings, and video logs.

Reason for Amendment:

  • To prevent the misuse of electronic records, including threats to voter secrecy and AI manipulation.
  • Retention of Candidate Access:
  • Clause Introduced:
    • The parties and their agents are permitted to view all election documents, electronic ones included.
  • Judicial Access:
    • Sealed materials are accessible as well, if one petitions the courts for a case.
  • Scope of the Amendment:
    • Resolves vagaries in Rule 93 and limits public access to electronic documents that are not specifically enumerated, such as forms and observer reports.

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