SC refuses to order EC to upload booth-wise voter turnout data

New Delhi: The Supreme Court on Friday declined to direct the Election Commission to upload booth-wise voter turnout data on its website during the ongoing Lok Sabha elections, responding to a plea from the NGO ‘Association for Democratic Reforms’. The court favoured a “hands-off attitude” during the ongoing electoral process.

A vacation bench of Justices Dipankar Datta and Satish Chandra Sharma adjourned the NGO’s application and stated it would be addressed alongside a 2019 writ petition after the elections. The bench emphasised the importance of free and fair elections but expressed concerns about potential misuse by “mischievous people.”

The court remarked: “The arguments on the interim application were heard. Prima facie, we are not inclined to grant any relief at this stage, as the interim application’s request is similar to the writ petition’s final relief. Granting such relief now would effectively resolve the writ petition.”

The court noted that the 2024 elections, conducted over seven phases, were mostly complete with only two phases remaining. The sixth phase was set for May 25. The bench explained that meeting the NGO’s demand would require significant resources and judicial intervention, which was impractical mid-process.

“Let us keep it pending and hear it along with the Article 32 writ petition after the elections. During elections, a hands-off approach is necessary,” the bench told senior advocate Dushyant Dave, representing the NGO.

Senior advocate Maninder Singh, representing the Election Commission, questioned the legitimacy of the interim application, arguing it was based on unfounded suspicions and false claims.

The bench asked Dave why the interim application repeated the 2019 writ petition’s final relief request. “Prayer ‘A’ in your application is Prayer ‘B’ in your writ petition. How can you claim it as interim relief?” the bench questioned.

Prayer ‘A’ in the interim application requested the Election Commission to upload scanned copies of Form 17C Part-I (Account of Votes Recorded) from all polling stations after each phase of the 2024 Lok Sabha elections.

The court questioned whether it could grant relief that equated to final relief while the writ petition was still pending. Dave argued the NGO’s genuine public interest, citing discrepancies in voter turnout figures released by the EC after initial polling phases.

The bench acknowledged the importance of public interest litigation (PIL) but stressed the need to filter out those with private or ulterior motives. “We find many PILs have private interest, publicity interest, and financial interest. It is up to us to check frivolous petitions,” the court said.

Dave assured the bench of the NGO’s sincere intent and argued against dismissing the petition based on procedural grounds. The judges clarified that their procedural scrutiny, not the EC’s objections, was in question.

“It is not a question of anguish. Everyone is for free and fair elections. In our April 26 judgement, we noted that any necessary electoral reforms should be implemented,” Justice Datta said to Dave. He added: “You are also a responsible citizen. Let us trust some authority (EC).”

Senior advocate Abhishek Singhvi, representing Trinamool Congress leader Mahua Moitra, supported the feasibility of uploading voter turnout data by returning officers from all 543 Lok Sabha constituencies.

Previously, on May 17, the Supreme Court requested the Election Commission’s response to the NGO’s plea for uploading polling station-wise voter turnout data within 48 hours post-polling.

In its affidavit, the Election Commission opposed the demand, arguing it would disrupt the electoral process and create chaos amidst the general elections.