The Supreme Court Refuses to Give Directive to the Election Commission

Newsreel Asia Insight #232
May 25, 2024

The Supreme Court, on May 24, refused to direct the Election Commission of India (ECI) to publish Form 17C data – polling station-wise voter turnout – on its website within 48 hours of the conclusion of polling for each phase of the Lok Sabha elections. The ECI’s refusal is raising significant concerns among citizens and stakeholders in the electoral process. To understand why this issue is critical, it’s essential to grasp the role of Form 17C and the implications of not making this data publicly available.

There is a context behind the demand for polling station-wise voter turnout data. The ECI released the final voter turnout figures 11 days after the first phase of polling on April 19, with subsequent delays of four days for each of the next three phases, as noted by Business Standard.

Critics have also raised concerns about the sudden increase in final voter turnout figures during the initial phases compared to the provisional data released on polling day. “First, the Election Commission takes 10-11 days to bring out the final figure of voting and then the difference between real-time data and final figure turns out to be 1.7 crore (17 million) votes,” the Standard quoted a Congress leader, Pawan Khera, as saying.

Now, Form 17C is a crucial document in the Indian electoral process. It records the number of votes cast at each polling station, including details of rejected votes and the final tally for each candidate. This form is signed by polling officers and representatives of the candidates, serving as a verification of the voting process’s accuracy and integrity.

By documenting the vote count and having it verified by multiple parties, Form 17C provides a clear, auditable record of the voting process. It holds electoral officials and polling agents accountable. Their signatures on Form 17C confirm that the votes counted match the votes cast, ensuring that any discrepancies can be traced and addressed. Form 17C is used to cross-verify the results announced by the ECI. This helps to detect and prevent any tampering or fraud in the vote counting process.

Without Form 17C data, citizens and stakeholders are unable to independently verify the vote counts, leading to suspicions about the integrity of the results. The absence of this crucial document means that electoral officials and polling agents are not held to the same level of scrutiny, potentially allowing discrepancies or fraud to go unchecked.

If the data is not available for public scrutiny, it becomes easier for dishonest individuals to alter the vote counts without being detected. This undermines the fairness of the electoral process and can lead to fraudulent election outcomes.

When the ECI does not publish Form 17C, it creates a perception of secrecy and lack of openness. This erodes public trust in the electoral process and the ECI itself. Citizens may begin to doubt the legitimacy of election results, leading to decreased confidence in the democratic system.

When this data is withheld, it raises questions about the “motivations” behind the decision and the potential for misconduct.

The ECI has the technological infrastructure and logistical capability to gather and publish Form 17C data promptly after elections. The use of electronic voting machines (EVMs), the Election Management System (EMS) and secure transmission channels are meant to ensure that electoral data can be efficiently collected and disseminated. The EMS, a comprehensive and centralised digital platform that handles various aspects of the electoral process, coordinates everything from voter registration and polling logistics to vote counting and result declaration.

The ECI has also developed user-friendly web portals and mobile applications to facilitate the dissemination of electoral information. For instance, the Voter Helpline App provides real-time updates on polling stations, voter turnout and election results. These platforms are designed to handle high traffic and provide easy access to important documents like Form 17C. The ECI’s official website serves as a central hub for publishing electoral data, making it accessible to the public, political parties and candidates.

Despite these capabilities, the refusal to publish Form 17C undermines the transparency that these technological advancements are meant to provide.

In previous elections, the ECI has taken steps to make electoral data, including Form 17C, publicly available – though the extent and consistency of this practice have varied.

Citizens have a right to access information about the elections in which they participate. The non-publication of Form 17C data denies them this right, leaving them in the dark about the true outcome of the voting process.

The ECI’s ability to gather and publish this data efficiently makes its non-publication even more troubling, as it suggests a lack of commitment to openness and transparency.