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Source-This post on Election Commission Stance on Voter Turnout Disclosure has been created based on the article ” No legal mandate to share voter turnout with public, says EC” published in “The Hindu” on 23 May 2024.
Why in News?
The Election Commission (EC) stated to the Supreme Court that there was no “legal mandate” to provide the voter turnout data to any person other than electoral candidates or their agents. The NGO on electoral reforms ADR, claimed delays and discrepancies in voter turnout data, suggesting these issues could demotivate voters and raise doubts about the electoral process.
Election Commission’s Stance on Voter Turnout Disclosure
1. ECI stated there is no legal mandate to share Form 17C data (account of votes recorded) with anyone other than candidates or their agents, as per the Conduct of Election Rules, 1961.
2. Rules 49S and 56C of the Conduct of Election Rules, 1961: Under these rules, the presiding officer prepares an account of votes recorded in Part-I of Form 17C and makes it available to every polling agent present at the close of the poll. ECI emphasized that this framework has “held the field for the last 60 years,” and any changes would require amendments to the existing rules.
3. ECI opposed ADR’s plea on two grounds:
a) EC’s concerns about Form 17C data- Indiscriminate disclosure of Form 17C could lead to image morphing and public mistrust. Lack of scanners and internet facilities at polling stations complicates uploading Form 17C.
b) Impracticality- EC held that releasing authenticated voter turnout data within 48 hours is impractical due to the detailed verification process required.
4. Legal Context and Previous Judgments: Supreme Court has previously upheld the Form 17C procedure. Judiciary interference in the electoral process is barred under Article 329(b) from notification issuance to result declaration.
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