- The Election Commission (EC) told the Supreme Court that there was no “legal mandate” to provide the voter turnout data.
- There is no legal mandate to provide Form 17C [account of votes recorded] to any person other than the candidate or his agent, as per the Election Commission.
| Role of 17A and 17C As per the 1961 Rules, the ECI has to maintain two forms i.e. Form 17A and 17C.While Form 17A is used to record the details of every voter who comes into a polling booth and casts his or her vote, Form 17C is an account of all the votes recorded. Under Rule 49S(2), a presiding officer is mandated to furnish a copy of the entries made in Form 17C to the polling agents of the candidates at the close of polling. Part I of Form 17C contains crucial information:The identification numbers of the EVMs used in the polling station,The total number of electors assigned to the polling stationThe total number of voters as entered in the register for voters (Form 17A)The number of voters who decided not to record their votes after signing the registerThe number of voters who were not allowed to voteThe total number of test votes and votes recorded per EVM.Whereas, Part II of the same form contains the results of the counting carried out on stipulated day.The data in Form 17C is used by candidates to verify the results on the counting day by matching it with the EVM count. Election petition can be moved in the concerned High Court based on it. |
In response to an application filed by the ADR, primarily seeking to disclose the authenticated record of voter turnout by uploading on the EC website scanned legible copies of Form 17C of all polling stations after each phase of polling.
- The NGO had alleged an inordinate delay in publishing voter turnout details followed by a sharp spike in figures from the initial voter turnout percentages released by the EC.
- Earlier, the Supreme Court had asked why the EC could not upload voter turnout details.
- EC claimed it was a voluntary and non-statutory initiative to disclose the voter turnout through the voter turnout app, website and various press releases.
Dig Deeper: Read Election Conduct Rules, 1961 sections in discussion.
