Why in News?

The Supreme Court of India (SC) is slated to hear a petition filed by the NGO Association for Democratic Reforms (ADR) questioning the authenticity of the Election Commission of India’s (ECI) voter turnout data.

What’s in Today’s Article?

• Petitions Alleging Discrepancies in the Voter Turnout Data
• What is Form 17C and its Significance?
• What the ADR Petition is Seeking from the SC?
• What is the ECI's Response to the Claims of Disparities in the Voter Turnout Data?
• What do Experts Say on the Claims of Disparities in the Voter Turnout Data?

Petitions Alleging Discrepancies in the Voter Turnout Data:

• The ADR has flagged a significant difference (of over 5%) in the initial turnout figures released by the ECI soon after the conclusion of polling and the final voter percentages published subsequently.
  • The Opposition has raised serious concerns over these discrepancies and the possibility of manipulation at the counting stage.
• In another petition before the SC, an independent candidate from the Rampur LS constituency has alleged that the concerned RO had not furnished copies of the Form 17C record of votes polled in his constituency.

What is Form 17C and its Significance?

• As per the Conduct of Election Rules 1961 (1961 Rules), the ECI has to maintain two forms - Forms 17A and 17C - that have data on the number of electors and the votes polled.
• While the Form 17A is used to record the details of every voter who comes into a polling booth and casts his or her vote, the Form 17C is an account of all the votes recorded.
• Under the 1961 Rules, 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.
• The Form 17C has two Parts.
  • Part I contains crucial information -
    • The identification numbers of the EVMs used in the polling station,
    • The total number of electors assigned to the polling station,
    • The 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 register,
    • The number of voters who were not allowed to vote,
    • The total number of test votes and votes recorded per EVM.
  • Part II contains the results of the counting carried out on the stipulated day.
• The data in Form 17C is used by candidates to verify the results on counting day by matching it with the EVM count.
  • In the event of any anomalies, an election petition may also be filed with the relevant High Court.

What the ADR Petition is Seeking from the SC?

• The ADR is seeking a direction to the ECI to upload polling station-wise voter turnout data on its website within 48 hours of the conclusion of polling for each phase of the Lok Sabha elections.
• According to the ADR, many times polling agents are not available at polling booths to obtain the Form 17C data.
  • This necessitates the publication of such crucial information online after each phase of polling in the General Elections 2024.

What is the ECI's Response to the Claims of Disparities in the Voter Turnout Data?

• In the hearing on the issue, the SC had asked why the EC could not upload voter turnout details.
• The ECI told the SC that there is no “legal mandate” to provide the Form 17C to any person other than the candidate or his agent.
  • However, it was the ECI’s voluntary and non-statutory initiative to disclose the voter turnout through voter turnout app, website and various press releases.
  • This was an initiative for transparency at a national level as prior to the app, information was gathered in a decentralised manner from returning parties, polling agents, sector magistrates, etc.
• The NGO had ignored the disclaimer that figures in the “non-statutory Voter Turnout App” were secondary and provisional data.
• According to the ECI, the petitions are part of a consistent mala fide campaign to raise doubts against the ECI in every possible way by voicing misleading allegations.

What do Experts Say on the Claims of Disparities in the Voter Turnout Data?

• The ECI always discloses absolute numbers of voter turnouts. However, this time they are only disclosing percentages.
• Unlike this time, the turnouts are generally released within 24 hours of the end of polling.
• Also, the increase in voter turnout in the final figures is unusually high this time.
• To infuse more transparency to the electoral process, the poll body should upload a scanned copy of Form 17C as soon as it is submitted by the Presiding Officer.
  • This is because smaller political parties cannot afford to have polling agents in all booths or constituencies due to financial constraints.