Kapil Sibal Questions Election Commission's Reluctance to Publish Poll Data

 Kapil Sibal Questions Election Commission's Reluctance to Publish Poll Data

In a recent press conference, senior advocate and Rajya Sabha MP Kapil Sibal raised concerns over the Election Commission of India's (ECI) opposition to a plea demanding public disclosure of Form 17C data. Form 17C records the votes polled at each polling station and is signed by the Presiding Officer and given to the Polling Agent at the end of polling. This information is also directly sent to the ECI. 

Sibal questioned the ECI's hesitation to upload this data on its website. "The ECI has filed an affidavit in the Supreme Court stating it has no legal mandate to upload Form 17, which is a record of votes polled at a polling station. Now, why does the ECI not put that data on the website? What is their hesitation or problem?" Sibal said. He emphasized that public disclosure of this data would ensure transparency and address any discrepancies between the number of votes counted and the number of votes polled.

ECI's Position on the Matter

On Wednesday, the ECI filed an affidavit in the Supreme Court asserting that disclosing voter turnout data based on Form 17C could cause confusion among voters as it includes postal ballot counts. The ECI argued that there is no legal obligation to publish the final authenticated data of voter turnout from all polling stations.

The affidavit highlighted concerns that uploading Form 17C could lead to the data being misused or morphed, which could create "widespread discomfort and mistrust." The ECI stated that in closely contested elections, public disclosure of Form 17C data could confuse voters regarding the total votes polled. This confusion arises because the total votes would include both Form 17C records and postal ballots, a distinction that may not be easily understood by the public. The ECI argued that this could be exploited by individuals with vested interests to undermine the electoral process, potentially causing chaos within the election machinery.

Legal Framework and Relevant Laws

The ECI's stance is based on its interpretation of existing electoral laws and its mandate. Form 17C, governed by the Representation of the People Act, 1951, and the Conduct of Elections Rules, 1961, serves as an official record of the votes polled at each polling station. The ECI contends that while it is responsible for ensuring the integrity and transparency of elections, there is no explicit legal requirement to publish Form 17C data on its website.

Representation of the People Act, 1951: This act provides the framework for the conduct of elections in India. It outlines the duties and powers of the ECI, including the supervision of election processes and the maintenance of electoral rolls. However, it does not specifically mandate the public disclosure of Form 17C data.

Conduct of Elections Rules, 1961: These rules detail the procedures for conducting elections, including the preparation and handling of Form 17C. Rule 56D outlines the process for the Presiding Officer to prepare Form 17C at the end of polling, which is then handed over to the Returning Officer along with other election materials.

Sibal's Call for Transparency

Sibal's call for the ECI to publish Form 17C data is rooted in the need for greater transparency and accountability in the electoral process. He argued that making this data publicly available would allow for independent verification and prevent any potential manipulation of vote counts. "What can happen in the process is the number of votes that are counted would in fact be more than the number of votes that are polled. We don't know what's correct? But what is the hesitation of the ECI to put that data on record, on its website? Nobody can morph it," Sibal remarked.

The debate highlights the ongoing tension between ensuring electoral integrity and maintaining public trust in the electoral process. While the ECI aims to prevent any potential misuse of polling data, advocates like Sibal argue that transparency is crucial for upholding the credibility of elections.

Conclusion

The Supreme Court's consideration of the ECI's affidavit and the plea for public disclosure of Form 17C will be a significant step in determining the balance between transparency and security in India's electoral process. As the legal and political discourse continues, the decision will have implications for how electoral data is managed and disclosed in future elections, shaping the framework for electoral transparency and accountability in India.