SC refuses to direct EC to upload voter turnout numbers amid LS polls
'Hands-off approach has to be taken' mid-elections, says Supreme Court; 'We cannot interrupt the process. Let us have some trust in the authority'
The Supreme Court on Friday (May 24) expressed reluctance to 'interfere' in the middle of the Lok Sabha election process, and adjourned a plea seeking directions to the Election Commission of India (EC) to publish the booth-wise absolute numbers of voter turnout. The application had also sought a direction for the EC to upload the Form 17C records of votes polled across booths on its website.
A vacation bench of Justices Dipankar Datta and Satish Chandra Sharma said it has to take a "hands-off approach" where the election is considered, and added that there cannot be any interruptions in the process, according to Live Law.
"In between elections, hands-off approach has to be taken. Let the application be heard along with the main writ petition. We cannot interrupt the process. Let us have some trust in the authority," Justice Datta orally said.
Similarities of prayer
"The arguments on the interim application were heard. Prima facie we are not inclined to grant any relief on the interim application at this stage in view of similarities of the prayer (a) of the interim application with prayer (b) of the writ petition out of which the Interim Application arises. The grant of relief in the interim application would amount to the grant of final relief. Relist the application together with the writ petitions before the appropriate bench after vacations. We have not expressed any opinion on merits except he prima facie view indicated above," said the bench, as quoted by a Live Law report.
The interim application was filed by the NGO Association for Democratic Reforms (ADR) in a writ petition filed by it in 2019. A writ petition filed by TMC leader Mahua Moitra in 2019 alleging discrepancies in the voter turnout data of the 2019 General Elections is also listed today along with it, said Live Law.
Senior Advocate Dr Abhishek Manu Singhvi appeared for Moitra. Senior Advocate Dushyant Dave appeared for ADR and Senior Advocate Maninder Singh appeared for the ECI.
'Unfounded suspicions'
Singh contended that the ADR's application was based on "unfounded suspicions" and "false allegations." He added that the application, filed on May 9, suppressed the judgment in the EVM-VVPAT case that was delivered on April 26. Singh, citing Article 329 of the Constitution, said the provision bars judicial interference in the middle of the election process.
He stated that the figures in the Voter Turnout App are tentative as they are based on secondary sources. He also refuted the ADR's argument that there was a variance of 6% in the final data from the figures published; the variance is only 1-2%, he said.
Case details
Non-profits ADR and Common Cause had filed an interlocutory application in a 2019 writ petition where they alleged discrepancies in the voter turnout data of the 2019 Parliament elections.
The petitioners sought direction to the EC to : A) immediately upload on its website scanned legible copies of Form 17C Part-I (Account of Votes Recorded) of all polling stations after close of polling of each phase in the 2024 Lok Sabha elections; B) provide tabulated polling station-wise data in absolute figures of the number of votes polled as recorded in Form 17C Part- I after each phase of polling; C) to upload on its website scanned legible copies of Form 17C Part- II which contains the candidate-wise result of counting after the compilation of results of the elections.
