NEW DELHI:
The Supreme Court has adjourned – till after the Lok Sabha election – pleas seeking the release of voter turnout data, including votes polled and/or rejected, within 48 hours of the end of polling at each booth.
The pleas sought directions to the Election Commission to compile and publish this data on its website after each phase, beginning with the next round of voting for the 2024 Lok Sabha election.
A vacation bench of the court reasoned an immediate ruling could “overburden the Election Commission during polls… by changing the process midway”. The bench also noted five of seven voting phases had been completed and that the results were due in less than two weeks, on June 4.
Perhaps more significantly, Justice S Narasimha and Sanjay Karol pointed out the interim appeal by the current petitioner – the Association for Democratic Reforms – was similar to a writ petition by the Trinamool’s Mahua Moitra in 2019, which wanted the EC to “formulate a protocol mandating reporting of Form 17C… within 48 hours (for a Lok Sabha election)”, which is unresolved.
“We are simpliciter (directly) adjourning… (and) giving one observation as to why relief cannot be granted at this stage,” the court said, stating also that this did not constitute a dismissal of the pleas.
“Prima facie we are not inclined to grant relief at this stage, in view of similarity of prayers… granting interim relief would mount to final relief. Therefore, we list these applications after the vacation…”
“What is the nexus between 2019 and 2024 applications? Why didn’t you file a separate writ petition?” the court questioned ADR, insisting it would not intervene in the middle of an election.
“This application will be heard after the election… in-between an election, hands off! We cannot interrupt (the electoral process)… we are also responsible citizens,” Justice Datta said.
Form 17C Hearing In Supreme Court
Today’s hearing began with senior advocate Maninder Singh, arguing for the Election Commission, criticising the petition as a “classic case of abuse of law” and saying it was only meant to “erode the integrity of the election”. “These are false allegations… done only on apprehensions,” Mr Singh said.
Mr Singh questioned opposition leaders and political activists’ claim of a five to six per cent discrepancy in voter data released by the poll panel on the day of voting and updated figures released days later; in the case of the first phase this updated data was released after 11 days.
Several opposition leaders, including Mahua Moitra and the Congress’ Pawan Khera, have red-flagged what they claim as possible vote fraud – i.e., there is concern the increased number of votes shown after polling could be illegally added to the tally of any one political party.
However, Mr Singh told the court, “This is false… data will differ only by one or two per cent.”
