NEW DELHI: The Supreme Court has asked the Election Commission to examine a plea for releasing the booth wise voter turnout data and disclosure of Form 17 C as the poll panel suggested for petitioners to make a representation before the Chief Election Commissioner.
SC Directs EC to Consider Plea on Booth-Wise Voter Turnout Disclosure
A bench of Chief Justice of India Sanjiv Khanna and Justices Sanjay Kumar and K V Vishwanathan gave liberty to petitioners NGOs Association for Democratic Reforms and Common Cause and others to approach the EC in this regard.
Senior advocate Maninder Singh, appearing for the EC, submitted there is new Chief Election Commissioner and the petitioners may meet him with their representations, which would be considered.
Petitioners Urge EC to Release Form 17C Data Amid Discrepancy Claims
On behalf of the NGOs, advocate Prashant Bhushan claimed that there have been discrepancies between the number of votes as per the EVM counts and actual voters turnout. The counsel wondered if the citizens are not entitled to know this basic data.
Senior advocate A M Singhvi, also appearing for one of the petitioners, submitted that the poll panel was required to explain the discrepancy in the final list.
The bench asked the petitioners to approach the EC with their representation.
"What the petitioners raised was a larger issue, though the candidates do get information," the bench orally observed, while allowing the petitioners to make a representation within 10 days.
The Election Commission had in May, 2024 told the Supreme Court that uploading of Form 17C (account of votes polled at each polling booth) on website can lead to mischief and there are possibilities of images being morphed, which can create “widespread discomfort and mistrust”.
It also claimed the allegation with regard to increase of final voter turnout data by 5 to 6% was "misleading and unsubstantiated".
The EC said a wholesome disclosure of Form 17C would lead to vitiation of entire electoral space.
"At the moment, the original Form 17C is only available in the Strong Room and a copy only with the polling agents whose signature it bears. Therefore, there is a one-to one relationship between each Form 17C and its possessor," it said.
There is no legal mandate to provide the Form 17C to any person other than the candidate or his agent, it said.
On May 24, 2024, the Supreme Court had declined to consider a plea for uploading Form 17C, reflecting booth wise voters turnout data on website at this stage, in the midst of Lok Sabha polls. The Election Commission had then vehemently raised objection to the application, saying it was founded on suspicion and apprehension.
The bench had also pointed out the instant interlocutory application filed by the NGO Association for Democratic Reforms in a pending 2019 writ petition sought prayer in nature of final relief. TMC MP Mahua Moitra was also one of the petitioners.
