The Supreme Court declined to direct the Election Commission to disclose polling data under Form 17C. The Court was considering a plea from the NGO Association for Democratic Reforms (ADR), which sought the uploading of Form 17C data and booth-wise voter turnout information on the ECI website. Additionally, a 2019 writ petition by TMC leader Mahua Moitra, alleging discrepancies in voter turnout data, was also under review.
The Supreme Court expressed skepticism about the timing of the plea, questioning why it was being pressed now, during ongoing elections. “This petition was filed in 2019, why is it being pressed right now when the elections are underway?” the Court inquired. “The elections were spread out across seven phases, with only two phases left. Why approach us only now?”
Justices Dipankar Datta and S.C. Sharma noted that the Election Commission is already facing criticism for voluntarily releasing voter data on their app, describing the situation as an ‘aa bell mujhe maar’ scenario. The Court criticized what it saw as the takeover of PIL jurisdiction by private and monetary interests, stating it is their responsibility to “check ridiculous petitions.”
“The final relief you have sought is the same as the relief sought at the interim stage, which is not permissible,” the Court observed. “During elections, we must adopt a hands-off approach and cannot interrupt the process. We have to trust some authority.”
Previously, the Election Commission of India had clarified that, according to the Conduct of Election Rules, Form 17C data could only be provided to the polling agent of the candidate.
