The Election Commission of India (ECI) informed the Supreme Court on Wednesday that there is no legal obligation to publicly release final authenticated data of voter turnout in all polling stations.
In an affidavit submitted to the apex court, the ECI stated that disclosing voter turnout data based on Form 17C (votes cast in each polling station) could confuse voters, particularly as it would include postal ballot counts.
“In close electoral contests, the margin of victory may be narrow. Therefore, public disclosure of Form 17C may lead to confusion among voters, as the total votes cast would comprise votes from Form 17C as well as postal ballots. This distinction may not be easily understood by voters and could be exploited by individuals with ulterior motives to question the electoral process, causing disruption to the ongoing election process,” the affidavit explained.
The affidavit was filed in response to an application by the NGO Association for Democratic Reforms (ADR) seeking the release of final authenticated data of voter turnout in all polling stations, including the number of votes cast in the 2024 Lok Sabha Elections within 48 hours of polling.
The ECI also criticized ADR, accusing them of making baseless allegations to undermine its credibility.
“There is an ongoing malicious campaign aimed at casting doubt on the conduct of elections by the Election Commission of India. The intention is to spread doubt and damage the reputation of the Commission before the truth emerges,” the ECI stated.
The ECI argued that ADR was asserting a legal entitlement where none exists, especially during the ongoing Lok Sabha elections.
The ECI cited the recent Supreme Court judgment on Electronic Voting Machines (EVMs), which criticized ADR’s conduct during the court proceedings.
The affidavit was filed following the Supreme Court’s request for a response from the ECI regarding ADR’s plea.
ADR’s application was prompted by the controversy surrounding the significant increase in final voter turnout announced by the ECI for the first two phases of the Lok Sabha elections compared to the initial estimates announced on polling day.
The application urged the ECI to upload clear copies of Form 17C Part-I (Account of Votes Recorded) on its website after each phase of polling in the ongoing 2024 elections, providing constituency and polling station-wise figures of voter turnout in absolute numbers and as a percentage.
Additionally, ADR requested disclosure of Part-II of Form 17C, which contains candidate-wise counting results after compilation.
ADR alleged that the ECI had failed in its duty to declare election results based on accurate and indisputable data from Electronic Voting Machines (EVMs).
