'No Legal Mandate To Disclose Form 17C': ECI Calls ADR's Plea 'Another Attempt To Discredit Electoral Process'

ECI calls ADR's plea flagging 5-6% increase in voter turnout data as compared to the initial percentages announced on the day of polling another attempt to create suspicion to achieve its true design of discrediting the electoral process.

The ECI told SC that public posting of Form 17C is not provided in the statutory framework and its disclosure could lead to mischief

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The Election Commission of India (ECI) on Wednesday filed its response in the Supreme Court to the plea filed by Association of Democratic Reforms (ADR) flagging 5-6% increase in final voter turnout data (as compared to the initial percentages announced on the day of polling), and described the plea as another attempt to create suspicion and discredit the electoral process. The poll panel further told the top court that public posting of Form 17C is not mandated by any statutory framework and changing the process midway in the ongoing Lok Sabha elections could lead to chaos in the election machinery. 

"It is respectfully reiterated that another attempt to create a mala fide suspicion and integrity of the election process by the same petitioner by making untrue and false allegations for achieving its true design of discrediting the electoral process by creating false narratives, the Election Commission of India respectfully submits, would not get permitted by the orders of this Hon'ble Court and the present application would also deserve to be rejected at the threshold itself," the plea read.

The poll panel said that public posting of Form 17C is not provided in the statutory framework and could lead to mischief and increases the possibility of the images being morphed. Form 17C gives the number of votes polled in a polling station.

"It is submitted that there is no legal mandate to provide the Form 17C to any person other than the candidate or his agent. The Petitioner is trying to create an entitlement when none exists in the law by way of filing an application in the middle of the election period. It is respectfully reiterated that for credible multiple practical reasons, the result - as per the statutory mandate, is declared on the basis of the data contained in Form 17C at the time as prescribed under the statutory rule regime in existence."

The ECI also dismissed allegation by the petitioners that the first two phases of the Lok Sabha elections saw a sharp increase of 5-6 per cent in the voter turnout data released on the day of polling and in the subsequent press releases for the first two phases.

ECI further contended that ADR is seeking the same relief it sought in the earlier petition which were decided by the the top court in its EVM-VVPAT verdict and accused it of concealing facts in its petition.

"It is further submitted that the procedure and mechanism for any election process, which is divided into phases, even otherwise cannot be changed/altered midway and when any such alteration would also be not in conformity with the legislative mandate incorporated in the statutory rules strictly adhered to by the Election Commission of India in conducting any election," the ECI said.

The response by ECI further states that ADR has failed to mention a single instance where candidates or voters had filed an election petition on the basis of the allegations raised by the it with respect to the Lok Sabha election in 2019.

The 2019 plea moved by NGO ADR seeks direction to the ECI to immidiately upload scanned legible copies of Form 17C Part-I (Account of Votes Recorded) of all polling stations after the polls. Recently, the NGO has filed an interim application in this plea contending that polling station-wise voter turnout data should be uploaded by the ECI on its website within 48 hours of the conclusion of polling for each phase of the Lok Sabha elections. 

The voter turnout data for the first two phases of the ongoing 2024 Lok Sabha elections was published by the poll panel after 11 days of the first phase of polling and four days after the second phase of polling.

The petitioners claim that the data, as published by the ECI in its press release dated April 30, 2024, shows a sharp increase of about 5-6% as compared to the initial percentages announced by ECI as of 7 PM on the day of polling.

The petitioners told the court that the delay in the release of the final voter turnout data, and the unusually high gap after revision has raised concerns and public suspicion regarding the authemticity of the said data.

The plea said that the non-release of the absolute number of votes polled coupled with the unreasonable delay in the release of votes polled data has led to apprehensions in the mind of the electorate about the sharp increase between initial data and data released on April 30.

On May 17, the top court had sought a response from ECI on ADR's plea. The top court will again hear the matter tomorrow.