The newly appointed Chief Election Commissioner (CEC), Gyanesh Kumar, has expressed his willingness to address concerns regarding the publication of voter turnout data and Form 17C, which records the number of votes cast in each polling booth. The Election Commission of India (ECI) informed the Supreme Court of this development during a recent hearing.
The Supreme Court has directed the petitioners to submit their representations detailing their concerns and suggestions within ten days. The bench, comprising Chief Justice of India (CJI) Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan, was hearing multiple pleas seeking greater transparency in voter turnout data.
The case originated from a 2019 petition filed by Trinamool Congress (TMC) MP Mahua Moitra, along with a subsequent plea by the Association for Democratic Reforms (ADR) and Common Cause. The petitioners demanded that the Election Commission disclose absolute voter turnout figures immediately after each phase of the Lok Sabha elections and publish booth-wise voter turnout data online.
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Senior Advocate Maninder Singh, representing the ECI, informed the Court that the new CEC is open to discussions with the petitioners to address their grievances. He stated:
"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."
Representing the petitioners, Senior Advocate AM Singhvi and Advocate Prashant Bhushan raised concerns about discrepancies in the voter turnout data. They pointed out that in several instances, the number of votes recorded at the end of polling day appeared lower than the numbers declared after the elections.
Bhushan argued that publishing polling data under Form 17C is essential for upholding the democratic right of citizens to access transparent electoral information. He stressed:
"Publishing the polling data is part and parcel of the citizen's right to know in a democracy."
In response, Maninder Singh clarified that on the polling day, there is no internet or mobile access at polling stations. The vote count is documented under Form 17C and provided to political agents representing each candidate at the end of the polling process. He countered the petitioners' demands by stating:
"They are now saying, put it on the website on the same night—that's not possible."
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Singhvi, however, emphasized that early disclosure of voter turnout figures offers a broader perspective on the democratic process, benefiting both candidates and the general public. He questioned:
"How did the end-of-day polling count of 10 become 50 the next morning? Why are we asking for Form 17C? Because there is a wide difference between the booth-level count recorded today and the final numbers published later."
The Supreme Court acknowledged the concerns raised and assured the petitioners that their grievances would be heard further. The Court advised them to submit their representations directly to the ECI for consideration.
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. 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:
- Case Title: Mahua Moitra vs. Election Commission of India
- Case Number: W.P.(C) No. 1389/2019 and Connected Matter
