 "Lok Sabha elections: What is Form 17C that the Election Commission has refused to make public?")
The Election Commission of India (ECI) has been battling questions over voter turnout data this election. On Wednesday (22 May), the poll body told the Supreme Court it cannot upload Form 17C – which is a record of votes polled at each polling station – on its website.
This comes ahead of the two remaining phases of the Lok Sabha elections. As India elects a new government, let’s take a look at what is Form 17C and why it is in the spotlight.
What’s Form 17C?
Form 17C is a documentation of votes cast at polling booths across the country. It consists of different data such as electors assigned to each polling station, the total number of registered voters in an area, the number of electors who decided not to cast votes, those who were not allowed to cast votes, the total number of votes recorded on the Electronic Voting Machines (EVMs), and information about ballot papers and paper seals.
The second part of Form 17C includes the name of the candidate and the total votes they received. It also has data about whether the votes recorded at a booth are the same as the total votes polled, noted NDTV.
As per Indian Express, under Rules 49S and 56C of the Conduct of Election Rules, 1961, the presiding officer puts together an account of votes recorded in Part-I of Form 17C and provides it to every polling agent.
Part II of Form 17C is filled by the supervisor of the counting station and has to be signed by each candidate, or their representative). It is then checked by the Returning Officer.
Impact Shorts
More ShortsRow over voter turnout data
Opposition leaders and activists have questioned the EC over the delay in the release of final voter turnout data.
The final voter turnout figures were shared by the poll body 11 days after the first phase of polling on 19 April, while it was delayed by four days each for the next three phases.
Critics have also pointed out that the EC has not disclosed the absolute numbers of voters in each Parliamentary constituency this time. They also flagged the sudden spike in the final voter turnout figures in the first two phases compared to provisional data shared on polling day.
Congress’ Pawan Khera expressed concern over the “delay” in releasing turnout data. “Voters are worried about the strange goings on in the @ECISVEEP through the four phases of voting. First, the Election Commission takes 10-11 days to bring out the final figure of voting and then the difference between real time data and final figure turns out to be 1.7 crore votes. This is truly unprecedented. Unanswered questions about the missing EVMs are also very worrying,” he wrote in a post on X on Wednesday.
Voters are worried about the strange goings on in the @ECISVEEP through the four phases of voting.
— Pawan Khera 🇮🇳 (@Pawankhera) May 22, 2024
First, the Election Commission takes 10-11 days to bring out the final figure of voting and then the difference between real time data and final figure turns out to be 1.7 crore… pic.twitter.com/SsM03DWSg7
On 14 May, Trinamool Congress leader Mahua Moitra shared the voter data from the Krishnanagar seat, where she contested against the BJP’s Amrita Roy.
She asked the poll body why it could not compile the data for the concluded phases.
“Attention EC - here is data for my constituency with number of voters, compiled within 24 hrs… Why are you not able to give this for four phases?”
Attention @ECISVEEP - here is data for my constituency with number of voters compiled within 24 hrs of polling. Why are you not able to give this for 4 phases? @abhishekaitc @MamataOfficial pic.twitter.com/EsineMFOFn
— Mahua Moitra (@MahuaMoitra) May 14, 2024
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Did the Election Commission delay voter turnout data of the first 2 phases?
What has the EC said?
A petition was filed by the NGO Association for Democratic Reforms which sought direction to the ECI to upload scanned copies of Form 17C on the poll body’s website as soon as polling ends.
On 17 May, the Supreme Court asked the EC to submit a response. As per Indian Express, the poll body highlighted the difference between the statutory disclosure of the number of votes recorded in each polling station under Form 17C and the non-statutory announcement of voter turnout on polling day in the form of press releases and its Voter Turnout app.
“It is submitted that there is no legal mandate to provide the Form 17C to any person other than the candidate or his agent,” the EC told the top court.
The poll body said in its affidavit that uploading Form 17C on its website could lead to “mischief” and there is a possibility of images being morphed, which can lead to “widespread discomfort and mistrust”.
“…a wholesome disclosure of Form 17C is amenable to mischief and vitiation of (the) entire electoral space. At the moment, the original Form 17C is only available in the Strong Room and a copy only with the polling agents whose signature is bears… indiscriminate disclosure, public posting on the website increased the possibility of the images being morphed, including the counting results which then can create widespread public discomfort and mistrust in the entire electoral processes,” the EC said.
In a previous hearing on 17 May, the Supreme Court had asked the poll body why it could not upload voter turnout data.
The poll body slammed ADR in its affidavit, saying it was trying to “create an entitlement in the middle of the election period”.
The NGO had alleged an undue delay by the EC in publishing the final voter turnout data. It also expressed apprehension over a sharp rise in the final figures compared to initial voter turnout percentages.
The EC told the apex court that the allegation of a surge in final voter turnout data by five to six per cent in the first two phases was “misleading and unsubstantiated”.
The top court is set to hear the case next on Friday (24 May).
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