New Delhi: The Election Commission on May 17 told the Supreme Court that it was not difficult to disclose data under form 17C (record of the total number of votes polled) but that it took time to do so.
However, the EC’s handbook for the returning officer (RO), or the officer in charge of overseeing election in a constituency, clearly states that at the end of polling, as soon as the presiding officer presses the ‘close button’, the EVM’s control unit will display the total number of votes polled. This figure is to “be immediately noted” in Item 6 of Part I of form 17C.
Extract from the Election Commission’s Handbook for the Returning Officer.
It is thus meaningful to note that voter turnout data collated under form 17C is available, in publishable state, instantaneously.
Illustration: Pariplab Chakraborty
This is also in line with former chief election commissioner S.Y. Quraishi’s remarks on the EC’s inordinate delay in publishing voter data.
“There is no reason for delays in getting voter data. This data is in the system in real time.” He added, “within five minutes of the polling ending, all information is available. Now, in this situation, the Election Commission is accountable for why so much time is being taken to finalise the data.”
“The Election Commission must give full information about why this gap or lack of coordination (visangati) is there. The commission must explain why this is happening. For transparency in the electoral process, all questions arising in the minds of people have to be answered,” Quraishi had told Dainik Bhaskar.
CJI: do you disclose the percentage of votes on basis of 17C…..when you say 66% polling is that based on 17 C data?
AdvertisementECI : no
CJI: what is the reservation for disclosing 17 C data?
AdvertisementECI: there is no difficulty it takes time
— Live Law (@LiveLawIndia) May 17, 2024
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In its affidavit to the Supreme Court on Wednesday, the EC claimed that it had no legal mandate to disclose information under form 17C and that such disclosure could lead to ‘mischief’. The commission also said that the numbers it released through its Voter Turnout App, website and press conferences was “voluntary” in nature.
Transparency rights activist Anjali Bhardwaj said that form 17C was not among the election related documents that are to be kept under wraps by the commission as per Section 93 of Conduct of Elections Rules, 1961.
According to its rules, ballot papers (used or unused), counterfoils of used ballot papers, printed paper slips (Rule 57C), marked copy of the electoral roll and a few other documents cannot be opened, inspected or produced before any authority. Form 17C is not one of those documents, the rules state.
The conduct of elections rules, 1961.
“ECI seems to have forgotten that people have the right to information in our democracy! In fact Rule 93 of the Conduct of Election Rules allows people to inspect and seek copies of election papers including form 17C. Perhaps we need a campaign to send copies of the RTI Act to the ECI,” Bhardwaj said.
