The Supreme Court declined a petition from the NGOs Association for Democratic Reforms (ADR) and Common Cause today wanting directions for the Election Commission of India (ECI) to publish Form 17-C data, the PAC said on Wednesday. This form records the number of votes polled at each booth. The vacation bench comprising Justices Dipankar Datta and Satish Chandra Sharma stated it would be challenging for the poll panel to mobilize the necessary manpower in the midst of ongoing elections.
The bench emphasized the difficulty of issuing such directives “at this stage” and deferred the matter to be heard by an appropriate bench after the court’s vacation. This decision came after the court initially showed reluctance on May 17 to interfere but later agreed to hear the petition to obtain the ECI’s response.
ADR and Common Cause had filed the plea seeking the ECI to upload scanned copies of Form 17-C, aiming to increase transparency by disclosing the number of votes polled at each booth. This request was coupled with another plea by TMC leader Mahua Moitra, who in 2019, raised concerns about discrepancies in voter turnout data.
The ECI, in its affidavit dated May 22, contended that ADR’s request has no legal basis, arguing that disclosing booth-wise voter turnout data would include postal ballot counts and potentially cause confusion among voters. The poll body further accused ADR of having “vested interests” and attempting to discredit its functioning with false allegations.
Justice Datta, during the hearing, remarked that the court must adopt a “hands-off approach” concerning the electoral process, especially during elections, to avoid any interruptions. He stressed the need to trust the election authority, stating, “In between elections, a hands-off approach has to be taken. Let the application be heard along with the main writ petition. We cannot interrupt the process. Let us have some trust in the authority.”
ADR’s application urged the ECI to upload legible, scanned copies of Form 17-C Part-I (Account of Votes Recorded) on its website after each polling phase in the ongoing 2024 elections. The NGO insisted on providing constituency and polling station-wise voter turnout figures in absolute numbers and percentages. Additionally, ADR sought the disclosure of Part-II of Form 17-C, which details the candidate-wise counting results post-aggregation.
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Previously, a Bench including Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra questioned the ECI’s counsel about the feasibility of uploading voter turnout details promptly. However, the ECI maintained that ADR was claiming a legal right that does not exist, especially amid the ongoing Lok Sabha elections.
The Supreme Court’s decision underscores the judiciary’s cautious stance in election-related matters, emphasizing procedural integrity and trust in the electoral process.
