W.P. (C) 1382/2019
Petition challenging the electoral irregularities and to ensure free and fair elections and rule of law
The Petitioners have filed a Public Interest Litigation under Article 32 of the Constitution of India to ensure that democratic process is not subverted by electoral irregularities and to ensure free and fair elections and rule of law and for the enforcement of fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India. The instant writ petition highlights dereliction of duty on part of the Election Commission of India (ECI) in declaring election results (of the Lok Sabha and State Legislative Assemblies through Electronic Voting Machine (EVMs) based on accurate and indisputable data which is put in public domain.
The petitioner seeks a direction from this Hon’ble Court directing the ECI not to announce any provisional and estimated election results prior to actual and accurate reconciliation of data. The petitioner further seeks a direction from this Hon’ble Court to the ECI to evolve an efficient, transparent, rational and robust procedure/mechanism by creating a separate department/grievance cell for investigation of discrepancies in election data and for responding to the elector’s queries on the same.
The prayers as sought for in the instant writ petition have been envisaged by this Hon’ble Court in landmark cases such as Union of India v. Association for Democratic Reforms and Anr., (2002) 5 SCC 294 and People’s Union for Civil Liberties & Anr., Lok Satta and Ors. and Association for Democratic Reforms v. Union of India (UOI) and Anr., (2003) 4 SCC 399.
On December 13, 2019, the petition was tagged with W.P.(C) No.1389 of 2019. A notice was issued, returnable on February 17, 2020.
On February 24, 2020, the bench consisting the Chief Justice and Justices Gavai and Surya Kant directed this matter to be listed on a non-miscellaneous day after four weeks. Meantime, the counter-affidavit is to be filed.
On May 10, 2024, Common Cause along with Association for Democratic Reforms (ADR) filed an application seeking directions from the Supreme Court to the Election Commission of India to disclose authenticated record of voter turnout by uploading on its website scanned legible copies of Form 17C Part-I (Account of Votes Recorded) of all polling stations after each phase of polling in the on-going 2024 Lok Sabha elections and to provide in public domain a tabulation of the constituency and polling station wise figures of voter turnout in absolute numbers and in percentage form for the on-going 2024 Lok Sabha elections.
In addition, it was prayed that the Part- II of Form 17C which contains the candidate-wise Result of Counting should also be disclosed after the compilation of results.
The division bench of Justice Sanjiv Khanna and Justice Dipankar Datta told advocate Prashant Bhushan, appearing for Common Cause, that the matter would be heard on May 17, 2024.
On May 17th, 2024, IA no 115592 was heard by CJI DY Chandrachud, Justice JB Pardiwala and Manoj Mishra. The Election Commission of India requested a fair opportunity to deal with the contents of the IA. The court granted a week to the ECI to file a response to the IA. The Application is ordered to be listed on 24th May 2024.
On May 5 2024, the application was heard by the bench of Justice Dipankar Datta and Satish Chandra Sharma. Upon hearing the matter, prima facie, the court is not inclined to grant any relief on IA no. 115592 for 2024 at this stage in view of the similarity of prayer (a) of such application with prayer (b) of such application with prayer (b) of W.P. (C) no 1382/2019, in which this application has been filed. Grant of relief, as claimed, would amount to grant of final relief claimed in the writ petition.
The court ordered to re-list IA no. 115592 with the abovementioned Writ Petition as well as intervention applications, if any, before an appropriate Bench after reopening.
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W.P. (C) 1382/2019
Order_13 Dec 2019
Order_24 Feb 2020
IA for Direction_2024
IA_Order_17.05.2024
IA_Order_24-May-2024
