Supreme Court Declines Interim Order On Voter Turnout Disclosure

Amidst the ongoing Lok Sabha elections, the Supreme Court refused to issue interim directives to the Election Commission of India (ECI) regarding the disclosure of authenticated voter turnout records on its official website following each phase of polling.

The decision came from a bench comprising Justices Dipankar Datta and S C Sharma, who expressed the view that issuing interim orders at this stage would essentially amount to providing final relief, favoring a hands-off approach once the election process is underway.

Case So Far:

The ECI, presenting its stance before the apex court, contended that divulging scanned legible copies of votes recorded at all polling stations could potentially lead to chaos within the election machinery.

The commission emphasized that any alterations made post-election would disrupt the electoral process, leaving insufficient time for necessary training of polling personnel who would be on duty for the remaining phases of the elections.

In its affidavit submitted to the court, the ECI highlighted the logistical challenges posed by the demand for disclosure. After the election period concludes, the agency will implement changes to avoid potential hardship and confusion.

The commission underscored the importance of maintaining stability in the electoral process, particularly with only two phases of the election remaining.

This development follows a previous directive from a bench led by Chief Justice of India (CJI) D Y Chandrachud. The court granted a week to the ECI to respond to applications seeking disclosure of Form 17C Part-I (Account of Votes Recorded) on its official website within 48 hours of polling closure.

The applications also requested a breakdown of constituency and polling station-wise voter turnout figures for the ongoing general elections.

Critics have accused the ECI of negligence, pointing to delays in the release of voter turnout data following the initial phases of polling.

They argue that discrepancies in the figures, notably a significant increase reported days after polling. It raises concerns about the transparency and integrity of the electoral process.

However, the ECI defended its practices. The agency asserted that voter turnout data is continuously updated on a live basis through its app.

Furthermore, it stressed that Form 17C, containing detailed voting records, is provided to candidates’ agents immediately after polling concludes, fulfilling statutory requirements.

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