Supreme Court Refuses to Direct Election Commission to Publish Voter Turnout Data Amid Polls

The Supreme Court on Friday refused to direct the Election Commission of India (ECI) to publish the booth-wise numbers of voter turnout and upload copies of Form 17C (which reflects the votes polled in each polling station) on its website within 48 hours of polling, saying it cannot do so in the midst of elections and adjourned the hearing on pleas.

A vacation bench of Justices Dipankar Datta and Satish Chandra Sharma , which took up an interim application filed by NGO Association for Democratic Reforms (ADR), said the interim relief which was being sought for was the same as the final relief prayed for in a pending 2019 petition by TMC leader Mahua Moitra and giving the interim relief would amount to granting the final relief.

The bench said all pleas in this regard will be listed before an appropriate bench to be taken up once the court reopens after summer recess.

"...everyone is for a free and fair election...We cannot interrupt something. To take it further, we can do it. We are also responsible citizens. Let us trust some authority. We will keep it pending and will be heard along with the writ petition after the elections are over. In between elections, hands off attitude has to be there," said Justice Datta .

The bench sought to know why the petitioner who moved the court in 2019 had not done anything to pursue the matter and ensure that it is heard in the last five years or before the current Lok Sabha elections started.

Appearing for the Election Commission, senior advocate Maninder Singh contended the NGO had suppressed the fact the issue of Form 17C was settled by the SC in its judgment on EVM-VVPAT matter. He also said the application was "only founded on suspension and apprehension" and urged the court to dismiss it.

The Justice Datta -led bench said the voter turnout app was a voluntary step taken by EC to inform the public about approximate voting percentage. "EC is not statutorily required to upload preliminary data. Sometimes a good initiative is like 'aa bail mujhe maar' (counter-productive)," it said, agreeing with EC's contention that it was not mandated to put out voter turnout figures after polling for each phase and that it decided to provide the figures on its voter turnout app on its own.

Singh said the court, in its April 26 judgment, had scrutinised every ADR allegation and dismissed it while questioning its bona fide. "But the PIL factory, within hours of the pronouncement of the judgment, filed this application raising another set of apprehensions based on suspicions. No fact is pleaded to substantiate the allegations," he said, adding that as per Article 329(b) of the Constitution, no court shall call into question a parliamentary election except on filing of an election petition after the conclusion of the poll process.