New Delhi: The Election Commission on Wednesday told the Supreme Court that public disclosure of polling station-wise voting percentage data on its website will create chaos in the election machinery, which is already working for the ongoing Lok Sabha elections. .
The Election Commission also rejected as false and misleading the allegation that the first two phases of the Lok Sabha elections showed a "5-6 per cent" increase in voting percentage in press releases issued on the day of polling and thereafter. Of two stages.
The election panel said that "indiscriminate disclosure" and public posting of Form 17C - which reveals the number of votes polled at a polling station - is not provided for in the statutory framework and its increase would lead to mischief and disturbance in the entire electoral sector. Can. Possibility of tampering with images. The Election Commission said this in an affidavit filed in response to a petition by an NGO, in which the Election Commission has been asked to collect polling station-wise voter turnout within 48 hours of the conclusion of polling for each phase of Lok Sabha elections. A demand was made to direct the data to be uploaded on its website.Assembly elections.
"It is submitted that if the relief sought by the petitioner is allowed, I will not only be trapped in the above legal situation but will also create chaos in the election machinery which is being used for the ongoing general elections to the Lok Sabha. , 2024,” the poll panel said in its 225-page affidavit.
It said that the petitioner NGO 'Association of Democratic Reforms' has failed to mention even a single instance where candidates or voters had filed election petitions based on the allegations raised by the petitioner in connection with the Lok Sabha elections in 2019. "This indicates that the allegations of discrepancies in voter turnout data made by the petitioner in the main petition as well as in the present application are misleading, false and based only on suspicion," it said.
The Election Commission said that the legal regime with respect to Form 17C is strange in that while it authorizes the polling agent to receive a copy of Form 17C at the end of the poll, it does not provide general disclosure of the nature sought by the petitioner. Is.In the legal framework.
“It is submitted that complete disclosure of Form 17C is liable to distort and distort the entire electoral sector. “At present, the original Form 17C is available only in the strong room and its copy is available only to those polling agents,” it said. Whose signature is there. Therefore, there is a one-to-one relationship between each Form 17C and its holder."
The poll panel said that "indiscriminate disclosure" and public posting on the website increases the possibility of tampering with images, including vote counting results, which could create widespread public discomfort and distrust in the entire electoral process.
The poll panel said, "Further, it is submitted that the petitioner has specifically relied on the polling data published by the respondent in respect of the first two phases of the ongoing general election to the Lok Sabha, 2024 and has alleged that The voter turnout figures released in the press releases for each of the two phases on the day and thereafter had increased by ~5-6%."In this regard, it is submitted that the above allegation is misleading and baseless."
It added that the rules do not permit giving a copy of Form 17C to any other entity.
"The contention of the petitioner creates a situation where any member of the public or elector at the polling station can demand a copy of Form 17C with the plea that it is in the character of a public document." On May 17, The top court had sought response from the Election Commission within a week on a plea by an NGO seeking direction to upload polling station-wise voter turnout data on its website within 48 hours of the conclusion of polling for each phase. Was done. Of Lok Sabha elections.
ADR, in its 2019 PIL, had filed an interim application seeking a direction to the election panel that "the scanning of Form 17C Part-I (Account of Recorded Votes)" of all polling stations Legible copies" should be uploaded immediately after voting.It said the petition was filed to ensure that the democratic process is not marred by electoral irregularities. It was published on 19 April, 11 days after the second phase of voting and four days after the second phase of voting. ...on 26th April.
"The data published by the ECI in its press release dated April 30, 2024, shows a sharp increase (about 5-6 per cent) compared to the initial percentage declared by the ECI till 7 pm on the polling day." "People claimed.
The petition states that the "inordinate" delay in releasing the final vote turnout data, as well as unusually high revisions, has created public doubt about the accuracy of the said data.The non-release of the full number of votes polled as well as "unreasonable delay" in releasing data on votes cast has created apprehensions in the minds of voters over the sharp increase between the initial figures and those released on April 30. Has happened. Said.
The Election Commission also rejected as false and misleading the allegation that the first two phases of the Lok Sabha elections showed a "5-6 per cent" increase in voting percentage in press releases issued on the day of polling and thereafter. Of two stages.
The election panel said that "indiscriminate disclosure" and public posting of Form 17C - which reveals the number of votes polled at a polling station - is not provided for in the statutory framework and its increase would lead to mischief and disturbance in the entire electoral sector. Can. Possibility of tampering with images. The Election Commission said this in an affidavit filed in response to a petition by an NGO, in which the Election Commission has been asked to collect polling station-wise voter turnout within 48 hours of the conclusion of polling for each phase of Lok Sabha elections. A demand was made to direct the data to be uploaded on its website.Assembly elections.
"It is submitted that if the relief sought by the petitioner is allowed, I will not only be trapped in the above legal situation but will also create chaos in the election machinery which is being used for the ongoing general elections to the Lok Sabha. , 2024,” the poll panel said in its 225-page affidavit.
It said that the petitioner NGO 'Association of Democratic Reforms' has failed to mention even a single instance where candidates or voters had filed election petitions based on the allegations raised by the petitioner in connection with the Lok Sabha elections in 2019. "This indicates that the allegations of discrepancies in voter turnout data made by the petitioner in the main petition as well as in the present application are misleading, false and based only on suspicion," it said.
The Election Commission said that the legal regime with respect to Form 17C is strange in that while it authorizes the polling agent to receive a copy of Form 17C at the end of the poll, it does not provide general disclosure of the nature sought by the petitioner. Is.In the legal framework.
“It is submitted that complete disclosure of Form 17C is liable to distort and distort the entire electoral sector. “At present, the original Form 17C is available only in the strong room and its copy is available only to those polling agents,” it said. Whose signature is there. Therefore, there is a one-to-one relationship between each Form 17C and its holder."
The poll panel said that "indiscriminate disclosure" and public posting on the website increases the possibility of tampering with images, including vote counting results, which could create widespread public discomfort and distrust in the entire electoral process.
The poll panel said, "Further, it is submitted that the petitioner has specifically relied on the polling data published by the respondent in respect of the first two phases of the ongoing general election to the Lok Sabha, 2024 and has alleged that The voter turnout figures released in the press releases for each of the two phases on the day and thereafter had increased by ~5-6%."In this regard, it is submitted that the above allegation is misleading and baseless."
It added that the rules do not permit giving a copy of Form 17C to any other entity.
"The contention of the petitioner creates a situation where any member of the public or elector at the polling station can demand a copy of Form 17C with the plea that it is in the character of a public document." On May 17, The top court had sought response from the Election Commission within a week on a plea by an NGO seeking direction to upload polling station-wise voter turnout data on its website within 48 hours of the conclusion of polling for each phase. Was done. Of Lok Sabha elections.
ADR, in its 2019 PIL, had filed an interim application seeking a direction to the election panel that "the scanning of Form 17C Part-I (Account of Recorded Votes)" of all polling stations Legible copies" should be uploaded immediately after voting.It said the petition was filed to ensure that the democratic process is not marred by electoral irregularities. It was published on 19 April, 11 days after the second phase of voting and four days after the second phase of voting. ...on 26th April.
"The data published by the ECI in its press release dated April 30, 2024, shows a sharp increase (about 5-6 per cent) compared to the initial percentage declared by the ECI till 7 pm on the polling day." "People claimed.
The petition states that the "inordinate" delay in releasing the final vote turnout data, as well as unusually high revisions, has created public doubt about the accuracy of the said data.The non-release of the full number of votes polled as well as "unreasonable delay" in releasing data on votes cast has created apprehensions in the minds of voters over the sharp increase between the initial figures and those released on April 30. Has happened. Said.
