New CEC Open To Address Concerns On Voter Turnout Data, Says Election Commission; Supreme Court Asks Petitioners To Submit Representations

The new Chief Election Commissioner is ready to listen to the concerns raised over the publication of voter turnout data and Form 17C(which records the number of votes polled in a booth), the Election Commission of India informed the Supreme Court today.

The ECI told the Court that the petitioners may submit their representations, raising their concerns and giving their suggestions. Recording this submission, the Court asked the petitioners to give their representations to the ECI within 10 days.

The bench of CJI Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan was hearing a batch of pleas seeking the uploading of Form 17C data on the ECI website and the publication of booth-wise voter turnout data.

Notably, the main petition by TMC MP Mahua Moitra was filed in 2019. The second petition was filed by the Association for Democratic Reforms and Common Cause which also sought a direction that the ECI should disclose the absolute numbers of the voter turnout immediately after each phase of Lok Sabha elections.

Senior Advocate Maninder Singh appearing for the ECI, at the outset submitted that the newly appointed Chief Election Commissioner, Gyanesh Kumar, is open to address the issues raised by the petitioners presently through mutual discussion. He said:

"The new Chief Election Commissioner has asked me to inform lordships that they can meet him and whatever is possible they are open and willing to do whatever"

Senior Advocate AM Singhvi appearing for Moitra and Advocate Prashant Bhushan appearing for ADR submitted that the number of votes polled declared after the elections was in many instances higher than the numbers shown on the date of the polling.

Singh countered this by pointing out that on the day of the polling, no phones or internet are available at the polling booth and the polling count is documented under Form 17C and handed over to the political agents of each candidate/party present at the end of the polling.

"They are now saying, put on the website on the same night- that's not possible." He emphasised.

Singhvi submitted that disclosure of the polling count helped garner a 'macro-view' of the democratic voter's turnout for not just the candidates but also the citizens. He argued:

"How did the end of the polling day - 10 (count) become the next morning 50 (count)? Why are we asking for the form? We are asking because the persons counted during the booth today and the persons finally published tomorrow - there is a wide difference....they are saying because we give it individually to each candidate, you (petitioners) who wants to get a macro-view, go and collect from the candidate!"

Bhushan also stressed that publishing the polling data under form 17C was part and parcel of the citizen's right to know in a democracy.

While the court assured the petitioners that the matter would be listed further for hearing, it advised the petitioners to presently raise their concerns which the new CEC. The bench passed the following order:

"Learned Counsel appearing for the ECI states that the petitioners may file a representation and also approach the ECI with their suggestions and the ECI will inform them about the hearing in order to resolve the issues raised in the representations. The representations be made within 10 days from today."

Case Details: MAHUA MOITRA Versus ELECTION COMMISSION OF INDIA W.P.(C) No. 1389/2019 and Connected matter