Election Commission of India case: CJI agrees to hear plea against ECI’s delay in publishing voter turnout data

The Supreme Court on Friday ordered the Election Commission (EC) to fail to immediately upload the authenticated, scanned and legible voting records recorded booth-wise after each voting phase of the Lok Sabha elections on its website. verbally asked for an explanation.

“All poll workers submit [voting records] Voting will be completed in the evening, after 6 or 7 p.m. Returning officers will have data for the entire constituency. Would you like to upload it? ” Chief Justice of India DY Chandrachud, who heads a three-judge bench, asked the EC lawyer.

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Regulations 49S and 56C (2) of the Conduct of Elections Regulations 1961 require the Speaker to prepare a report of the votes recorded in Form 17C (Part I).

The questions from the court were based on an application filed by the NGO Democratic Reforms Association, represented by advocates Prashant Bhushan, Neha Rati and Cheryl D’Souza, regarding the first two stages of voting. They argued that there was an undue delay in releasing voter turnout data. Lok Sabha elections.

NGOs said that in addition to the delay in publishing details of the turnout, there was an unusually rapid increase in the initial turnout figures released by the EC. This development has set off alarm bells in the minds of the public about the reliability of voting data available in the public domain and even whether electronic voting machines (EVMs) have been switched.

In a hearing that reconvened well past normal court hours on the court’s last working day before its annual long summer recess, EC chief advocate Maninder Singh said the application would interfere with the general election. He said it was a deliberate attempt to do so. He said the elections had already been held in four stages. The fifth phase was scheduled for Monday.

Citing the judgment of April 26th

Singh said the Supreme Court’s April 26 verdict was insufficient as it discussed all aspects of EVM security and conduct of elections, including Form 17C. The EC lawyer sought time to respond to the application. Mr. Bhushan countered that the judgment in the EVM case did not deal with the Form 17C point.

The court found the request reasonable and listed the incident on May 24, the eve of the sixth phase of voting in the assembly polls.

According to the petition, the voter turnout data for the first two phases of the Lok Sabha elections is based on the data for the second phase held on April 19, 11 days after the first phase voting was held on April 19. It was announced by the EC on April 30, four days after the vote. April 26th.

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The data published by the EC in a press release on April 30th showed a sharp increase (around 5-6%) from the initial percentages released by the EC on the day of the election.

Initially, on April 19, after the first phase of voting, the EC issued a press note stating that the reported provisional turnout across 21 states/Union Territories was over 60% as of 7 p.m. He said it was. Similarly, after the second stage of voting, on April 26, the EC announced that the turnout was 60.96%.

“Due to the combination of the unusually late release of final turnout data and the unusually high revised numbers, [of over 5%] An EC press note of April 30 stated that the lack of disaggregation of absolute numbers of constituencies and polling stations has raised concerns and public suspicions about the accuracy of the data…These concerns have been addressed and subdued. ”, the petition states. .