On Friday, the Supreme Court declined to instruct the Election Commission of India (ECI) to release final authenticated voter turnout data for all polling stations, including the number of votes cast in the ongoing 2024 Lok Sabha elections, within 48 hours of polling. The court scheduled the petition filed by the NGO Association for Democratic Reforms (ADR), which seeks this data, for a hearing after the conclusion of the elections.
During the session, arguments were presented by Senior Advocate Maninder Singh for the ECI, Senior Advocate Kapil Sibal for ADR, and Dr. A. M. Singhvi representing the original petitioner, Ms. Mahua Moitra. Advocate Singh argued that there is no legal obligation for the ECI to publish the detailed voter turnout data requested, suggesting that the petition is rooted in mere suspicion and could undermine the Election Commission's integrity.
Senior Advocate Sibal highlighted differences between the current plea and a similar one from 2019, noting that the former was made before vote counting while the latter was after. Justice Datta raised questions about the petition's validity and warned that frequent petitions based on electoral apprehensions might damage the ECI's reputation.
The court noted the similarities between the 2019 plea and the current request, indicating a reluctance to provide interim relief. Justice Datta emphasized that the ongoing Article 32 petition from 2019 has yet to be resolved and that while the petitioners might eventually prevail, their interim request cannot be addressed amid ongoing elections.
Referencing the Ashok Kumar judgment, the court stressed the importance of not interfering with the electoral process. Justice Datta concluded by stating that the court was not inclined to grant interim relief due to the similarities between the current and previous petitions, and listed the matter for post-vacation hearing.
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