Sibal emphasized the importance of transparency in the electoral process, suggesting that making Form 17C data publicly available could prevent discrepancies in vote counts. “What can happen in the process is the number of votes counted could be more than the number of votes polled. We don’t know what’s correct. But what is the hesitation of the ECI to put that data on record, on its website? Nobody can morph it,” he added.
New Delhi: On May 23rd: Rajya Sabha MP and senior advocate Kapil Sibal has raised questions about the Election Commission of India’s (ECI) reluctance to publish poll-related data, particularly Form 17C, on its website. This comes after the ECI opposed a plea for public disclosure of Form 17C, which records votes polled at each polling station.
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Addressing a press conference on Thursday, Sibal highlighted the ECI’s stance, as expressed in an affidavit filed in the Supreme Court, that it has no legal mandate to upload Form 17C.
“Form 17C is signed by the Presiding Officer and given to the Polling Agent at the end of polling. The information is also directly sent to the ECI. Now why does the ECI not put that data on its website? What is their hesitation or problem?” Sibal questioned.
Sibal emphasized the importance of transparency in the electoral process, suggesting that making Form 17C data publicly available could prevent discrepancies in vote counts.
“What can happen in the process is the number of votes counted could be more than the number of votes polled. We don’t know what’s correct. But what is the hesitation of the ECI to put that data on record, on its website? Nobody can morph it,” he added.
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On Wednesday, the ECI filed an affidavit in the Supreme Court arguing against the disclosure of voter turnout data based on Form 17C. The ECI contended that such disclosure could cause confusion among voters, as the data would include counts from postal ballots as well.
The affidavit stated,
“There is no legal right that can be claimed towards publishing final authenticated data of voter turnout in all polling stations.”
The ECI expressed concerns that uploading Form 17C on the website could lead to potential mischief, with possibilities of images being morphed, creating “widespread discomfort and mistrust.” The ECI further argued that the margin of victory in electoral contests can be very close, and public disclosure of Form 17C could cause confusion regarding the total votes polled, as it would include both Form 17C votes and postal ballots.
The ECI warned that such confusion could be exploited by individuals with vested interests to undermine the electoral process, causing chaos in an already complex election machinery.
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“In any electoral contest, where the margin of victory can be very narrow, making Form 17C public might confuse voters about the total number of votes polled. This is because the figures would include both the votes recorded in Form 17C and those received via postal ballots. Such distinctions might not be easily understood by the general public and could be exploited by individuals with ulterior motives to cast doubt on the entire electoral process, potentially causing disruption in the ongoing election machinery,” the affidavit stated.
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