SC denied to direct ECI to upload voter turnout data under Form 17C

The Supreme Court on Friday rejected an NGO plea to issue the Election Commission (ECI) directions to upload polling station-wise voter turnout data on its website during the Lok Sabha polls.

A two judge vacation bench of Justices Dipankar Dutta and Satish Chandra Sharma highlighted the cumbersome process mobilizing manpower to upload polling booth wise voter turnout data on its site, especially when 5 out of 7 phases have already been completed and only two phases remain.

It questioned the petitioners why their plea had been introduced as an interim in the midst of an ongoing Lok Sabha polls when the same issue raised in 2019 is yet to be decided upon. “Leave this application now in between elections. We cannot interrupt the polls and Ashok Kumar’s judgment stands in the way,” the Court remarked.

NGO’s demand

The NGO Association for Democratic Reforms (ADR) sought the Supreme Court to direct the Election Commission of India to disclose final verified data of voter turnout in all polling stations across the country including the number of votes polled in the Lok Sabha Elections 2024 within 48 hours of polling. It wants legible copies of Form 17C Part-I to be uploaded on its website, including Part II of Form 17C containing candidate wise result of counting after compilation of the result.

The demand came after a sudden voter turnout increment compared to the original count released by the ECI. The NGO highlighted the discrepancy (by about 5-6%) in final voter turnout percentage and raised a question on the same.

A similar Plea

In 2019, a similar plea had been filed during the Lok Sabha Elections 2019 which remains pending till date. “Prima facie we are not inclined to grant any interim relief since prayer A of the 2019 petition is similar to prayer B of the 2024 application. List the interim plea after (summer) vacation,” the court ordered the petitioner.

What is Form 17C?

Form 17C serves as a comprehensive record of votes cast across polling booths nationwide. It comprises the allocation of electors to each polling station, the overall count of registered voters within a specific area, the number of electors abstaining from voting, those denied voting rights, the total tally of votes tabulated via Electronic Voting Machines (EVMs), and particulars concerning ballot papers and paper seals.

Par II of Form 17C delineates the names of candidates along with the total votes garnered by each. Additionally, it furnishes insight into whether the votes recorded at a given booth tally with the overall votes polled. Any discrepancy in the tally is to be notified to the Returning Officer for due course of action under law.

ECI response

On Wednesday, the Election Commission of India argued that there is no legal right available to the citizens that can be claimed towards publishing final authenticated data of voter turnout in all polling booths.

It filed an affidavit before the Supreme Court stating that disclosure of voter turnout based on Form 17C will result in utter confusion due to the intermixing of postal ballot counts. It further countered ADR’s petition and contended that certain “vested interests” continue to claim false allegations against the poll body to undermine the integrity of the electoral process. Their plea contained no legal entitlements and were based on suspicion and apprehensions.

The ECI has already published an app called Voter Turnout which shows the voter count in percentage of the each state, along with the constituencies, that has polled in their respective phases.