The ECI’s affidavit argued that the disclosure of Form 17C (which records the votes polled in each polling station) could cause confusion among voters, as it would include postal ballot counts. The ECI stated that the difference between the figures in Form 17C and the final voter turnout (including postal ballots) may not be easily understood by voters, and could be exploited by “persons with motivated interests” to cast aspersions on the electoral process.
NEW DELHI: Today (May 22): The Election Commission of India (ECI) submitted an affidavit to the Supreme Court stating that there is no legal right to claim the publication of final authenticated data on voter turnout in all polling stations.
READ ALSO: CIC Orders ECI to Disclose Information on EVMs and VVPATs
The ECI’s stance comes in response to an application filed by the Association for Democratic Reforms (ADR), a non-governmental organization, seeking the disclosure of final voter turnout data within 48 hours of the polling in the 2024 Lok Sabha elections.
The ECI’s affidavit argued that the disclosure of Form 17C (which records the votes polled in each polling station) could cause confusion among voters, as it would include postal ballot counts. The ECI stated that the difference between the figures in Form 17C and the final voter turnout (including postal ballots) may not be easily understood by voters and could be exploited by “persons with motivated interests” to cast aspersions on the electoral process.
“In any electoral contest, the margin of victory can be very narrow. In such instances, publicly disclosing Form 17C may create confusion among voters regarding the total votes cast, as the final figure would combine the votes recorded in Form 17C with those from postal ballots. This distinction may not be easily understood by voters and could be exploited by individuals with vested interests to undermine the entire electoral process, potentially causing chaos within the election system already in operation,” the affidavit stated.
In its affidavit, the Election Commission of India (ECI) criticized the Association for Democratic Reforms (ADR), asserting that “vested interests” continuously make false allegations to undermine its operations.
“There is an ongoing malicious campaign designed to perpetually cast doubt and suspicion through misleading claims and unfounded accusations about the conduct of elections by the Election Commission of India… The pattern and intention are to sow distrust, causing damage before the truth is revealed,” the affidavit stated.
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The ECI argued that ADR has been asserting a non-existent legal entitlement during the ongoing Lok Sabha elections. It referenced recent strictures against ADR in the Supreme Court’s EVM judgment, highlighting that “the tone, language, and design of the public messaging, including tweets and social media posts made by the petitioner during various stages of the court cases, should be noted.”
The ECI contended that
“the petitioners are not approaching the Hon’ble courts with clean hands and are misusing the forum to create perpetual doubt in voters’ minds based on conspiracy theories. Additionally, the petitioners have failed to substantiate their claims in any cases concerning the integrity of the electoral roll or EVMs.”
The ECI also criticized the ADR, accusing the organization of a “consistent malafide campaign” to discredit the commission’s work and “perpetually keep creating doubt in the minds of voters based on conspiracy theory.” The ECI pointed to the recent Supreme Court judgment on EVMs, where the court had passed strictures against the ADR.
The application pointed out that data published on April 30 revealed a sharp increase (by approximately 5-6%) in the final voter turnout compared to the initial percentages announced by the ECI on the polling day.
This, along with the delay in announcing the voter turnout, has raised concerns among voters and political parties about the accuracy of the data, the plea stated.
The Association for Democratic Reforms (ADR) filed the application in a 2019 case.
The ECI’s stance is in contrast to the ADR’s application, which sought the disclosure of constituency and polling station-wise figures of voter turnout in absolute numbers and percentage form, as well as the candidate-wise result of counting (Part-II of Form 17C).
READ ALSO: CJI asks ECI: “Why Info on Total Votes Polled, be on Website Within 48 Hours?”
The ADR alleged that the ECI has failed to fulfill its duty in declaring election results based on accurate and indisputable data.
The Supreme Court has asked the ECI to respond to the ADR’s application.
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