New Delhi: The Supreme Court on Friday told the Election Commission of India (ECI) that it must disclose the form 17C data and queried, “what is the reservation (in not disclosing it)?”
It was hearing a plea by an NGO seeking a direction to the ECI to upload polling station-wise voter turnout data on its website within 48 hours of conclusion of polling for each phase of the Lok Sabha election.
A bench led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra wanted to know what reservations the Commission had on disclosing the data.
It asked advocate Amit Sharma, representing the ECI, "What is the reservation in not disclosing the form 17C data and the poll body must disclose the data." Sharma replied that there is no difficulty in that but the entire process, which includes the compilation of "form 17 C," takes time.
NGO Association for Democratic Reforms, through advocate Prashant Bhushan, moved the Supreme Court seeking a direction to the ECI to disclose on its website scanned legible copies of "Form 17C Part- I" (account of votes recorded) of all polling stations which contains the authenticated figures for votes polled, within 48 hours of the close of polling.
Sudden Spurt In Vote%
During the hearing, the CJI said that four phases of elections are already over, and it is the right of the polling agent to raise a query regarding the polling data, as the polling agent has to take the forms. Bhushan argued that the citizens feel perhaps the EVMs are being replaced and added that, "suddenly there is a 6 % rise (in voting data)."
The CJI asked Sharma, do you disclose the percentage of votes on the basis of 17C, when the ECI announces that 66% polling and is that based on the form 17 C data? Sharma said there are many aspects involved and requested the court to allow him to explain it. The bench said it will re-assemble after one hour to hear the matter.
What Is The Prayer?
ADR’s application said: "the inordinate delay in the release of final voter turnout data, coupled with the unusually high revision (of over 5%) in the ECI’s press note of April 30, 2024, and the absence of disaggregated constituency and polling station figures in absolute numbers, has raised concerns and public suspicion regarding the correctness of the said data."
The applications said the data published in the press release dated April 30 (Phase I voter turnout- 66.14% and Phase II voter turnout - 66.71%) when compared with the initial data of April 19 and April 26 respectively shows an increase of nearly 6% in the Phase I data and increase of approximately 5.75% in the Phase II data.
"The ECI not releasing absolute number of votes polled, coupled with the unreasonable delay in release of votes polled data, has led to apprehensions in the mind of the electorate about the sharp increase between initial data and data released on April 30. These apprehensions must be addressed and put to rest," said the application.
The application said in order to ensure easy accessibility of the data, a tabulation of the constituency and polling station wise figures of voter turnout in absolute numbers and in percentage form must also be disclosed.
The bench led by CJI re-assembled in the court after 6:15 PM. Senior advocate Maninder Singh, representing the ECI, vehemently opposed the plea filed by the NGO saying that the application is nothing but an attempt to disrupt the polls and pointed out that another bench of the apex court had already handled the issue and passed a detailed judgment. Singh said the court had already rejected Bhushan’s contention that the system should return to the paper ballot and insisted that effort is being made to disturb the ongoing elections.
The bench queried, has form 17C been dealt in the judgment? Bhushan said this issue was not dealt with in the judgment passed in April, this year. On April 25, the apex court affirming its faith on EVMs had said they have effectively eliminated booth capturing and invalid votes, which were a major issue with paper ballots. The apex court had stressed, “the EVMs are simple, secure and user-friendly….the incorporation of the VVPAT system fortifies the principle of vote verifiability, thereby enhancing the overall accountability of the electoral process”.
Bhushan stressed on the sharp increase between the initial and final voting percentage in the first and second phase of the election, which led to certain apprehension. Singh pressed that his instructions are that this application cannot be entertained after four phases of elections are over and said, “judges’ sat for three days and heard the matter. The judgment is not informed to your lordships. I ask this question to myself, just because Mr Bhushan has come (before the court in the matter)….”.
The CJI said, “It is not like that. Irrespective who comes…Mr Maninder Singh that is a very wrong charge against the court. If the need arises, we will sit through the night irrespective of allegation or charge against us ". The CJI told Singh that Bhushan has filed an application and it is ECI’s call, if they do not want to file a reply. Singh said I want to file a reply in the matter and clarified that the ECI is duty bound to satisfy the apex court.
After hearing submissions, the CJI said the poll panel be given some reasonable time to respond to the plea and listed it for hearing before an appropriate bench during the summer vacation on May 24, a day before the sixth phase of the seven-phase Lok Sabha polls.
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