SC asks EC to consider plea on disclosing booth-wise voter turnout data

New Delhi: The Supreme Court has asked the Election Commission to look into a request for releasing booth-wise voter turnout data and Form 17C, which records the number of votes cast in a booth.

A bench comprising Chief Justice of India Sanjiv Khanna and Justices Sanjay Kumar and K V Vishwanathan granted liberty to the petitioners—NGOs Association for Democratic Reforms, Common Cause, and others—to approach the EC regarding the matter.

Senior advocate Maninder Singh, appearing for the EC, submitted that a new Chief Election Commissioner has taken charge and that the petitioners may present their representations to him, which would be duly considered.

Advocate Prashant Bhushan, representing the NGOs, contended that discrepancies have been observed between the number of votes recorded in EVMs and actual voter turnout. He questioned whether citizens are not entitled to access such fundamental data.

Senior advocate A M Singhvi, also representing one of the petitioners, argued that the poll panel must explain the discrepancies in the final voter turnout figures.

The bench acknowledged that the issue raised by the petitioners was significant, although candidates already receive such information. It directed the petitioners to submit their representation to the EC within 10 days.

In an affidavit filed in May 2024, the Election Commission told the Supreme Court that uploading Form 17C (the account of votes polled at each polling booth) online could lead to misuse, with the possibility of images being morphed, potentially causing “widespread discomfort and mistrust.”

The EC also dismissed allegations that the final voter turnout data had been increased by 5 to 6 per cent, calling them "misleading and unsubstantiated."

Furthermore, the EC asserted that fully disclosing Form 17C could disrupt the electoral process.

"At present, the original Form 17C is only available in the Strong Room, with copies provided exclusively to polling agents whose signatures it bears. Therefore, there is a direct correlation between each Form 17C and its designated recipient," the EC stated.

It emphasized that there is no legal mandate requiring the provision of Form 17C to anyone other than the candidate or their agent.