Why in the News?

In May 2024, during the Lok Sabha elections, the Supreme Court heard a petition asking the Election Commission of India to publish booth-wise voter turnout data from Form 17C on its website within 48 hours of voting.

What’s in Today’s Article?

• Background (Context of the Article)
• About Form 17C (Content, Opposition’s Demands, ECI’s Stand, Way Forward)

Background:

• During the 2024 Lok Sabha elections, the Association for Democratic Reforms (ADR) filed a petition in the Supreme Court demanding that the Election Commission of India (ECI) publish Form 17C (Part 1) data—containing booth-wise voter turnout—on its website within 48 hours of polling.
• Despite rising public demand for transparency, the EC refused, stating it is legally required to share this data only with polling agents, not the public.
• However, following backlash over discrepancies in voter turnout data, the new Chief Election Commissioner, Gyanesh Kumar, has indicated a willingness to meet with petitioners, suggesting possible policy re-evaluation.

Understanding Form 17C:

• Form 17C is a two-part document mandated under the Conduct of Election Rules, 1961, and must be filled at every polling station.
• With over 10.5 lakh polling stations in 2024, the volume of data involved is immense.
• Part 1: Account of Votes Recorded
  • Filled by the presiding officer, this form includes:
    • Booth’s EVM identification number
    • Total electors assigned
    • Total votes cast via EVM
    • Number of tendered ballots and paper seals used
    • Discrepancies, if any
    • Each copy is signed by polling agents and sealed before being sent to the returning officer.
• Part 2: Result of Counting
  • Filled on counting day by the returning officer, it lists:
    • Candidate-wise vote counts
    • Whether these counts match with votes recorded in Part 1
    • Signatures from the returning officer, supervisor, and candidate representatives

Demand of Activists and Opposition Parties:

• Opposition leaders and election transparency advocates want Form 17C’s Part 1 published promptly online to:
  • Ensure booth-level transparency
  • Cross-verify final vote counts with recorded turnout
  • Prevent post-poll manipulation or errors
  • Increase public trust in EVM-based elections
• ADR’s July 2024 analysis revealed that only five Lok Sabha constituencies had matching votes polled and counted. In the other 538 constituencies,
  • 362 had 5.5 lakh fewer votes counted than polled
  • 176 had 35,000 more votes counted than polled
• Even though these figures represent a small fraction of 64.64 crore votes, ADR argues that “every vote matters”, regardless of the winning margin.

EC’s Stand:

• Legal Position
  • The EC maintains that it is not legally obligated to publish Form 17C online. It is only required to share it with polling agents present at the booth.
• Fear of Data Misuse
  • The EC warns that online publication could lead to morphing of images, misinformation, and public chaos, especially on social media platforms.
• Exclusion of Postal Ballots
  • Form 17C does not include postal ballots, which could add further confusion if published without context.
• Logistical Hurdles
  • Experts highlight practical difficulties:
    • Around 1 crore polling personnel are involved, many under high pressure and lacking advanced training.
    • Mistakes during data entry are common due to stressful conditions.
    • Post-election, data must be verified by election observers using video footage and documentation, leading to delays.
    • It remains unclear if “corrected” forms are re-validated by polling agents.

Way Forward:

• To strengthen voter confidence, electoral transparency advocates suggest:
  • Digitising and publishing Form 17C data post-verification
  • Enabling public access with safeguards against manipulation
  • Clarifying the legal scope of the EC’s obligations
  • Enhancing training and tech support for polling personnel
  • Creating a centralised, tamper-proof database for all booth-level data
  • A digital reform of election documentation like Form 17C can help bridge the gap between transparency and practicality in India’s democratic process.