AAP vs EC on Form 17C: Kejriwal launches website for 'voting transparency'

AAP and election commission clash over Form 17C transparency on election eve. What is Form 17C

A day before the counting of votes for the Delhi Assembly elections, Aam Aadmi Party (AAP) chief Arvind Kejriwal accused the Election Commission (EC) of refusing to make public Form 17C, a document that contains the number of votes polled at each booth across Assembly constituencies. In response, the AAP launched a website - transparentelections.in - where it claims to have uploaded Form 17C data for all constituencies.

 

Kejriwal criticised the Election Commission in a post on X, stating, “This is something the Election Commission should have done in the interest of transparency, but it is unfortunate that they are refusing to do so.” He further asserted that AAP would present the data in a tabulated format, allowing every voter to access booth-wise polling information.

 

“This form contains all details of votes polled at each booth. We will present data for every Assembly and every booth in a tabulated format so that every voter can access this information,” he said.

 

Election Commission dismisses Kejriwal's claims

Dismissing Kejriwal’s claims, the office of the Chief Electoral Officer cited Rule 49S of the Conduct of Election Rules, 1961, stating that all presiding officers had already provided copies of Form 17C to polling agents at each booth after voting concluded on February 5.

 

Responding directly to Kejriwal’s post, the poll panel wrote, “As per Rule 49S of the Conduct of Election Rules, 1961, all Presiding Officers furnished the account of votes recorded in Form 17C to every polling agent present at the polling station on the day of polling. The rule has been complied with in letter and spirit at every polling station in the ongoing Delhi Legislative Assembly Elections 2025.”

 

The Election Commission also shared an excerpt from the official rulebook, which states that after polling ends, the presiding officer must prepare an account of votes in Form 17C and provide a true copy to every polling agent present at the station.

 

What is Form 17C?

 

Form 17C is a crucial election document that records the total number of votes cast at each polling booth. Under Rule 49S of the Conduct of Election Rules, 1961, polling agents, who represent political parties, are entitled to receive a copy of this form once polling concludes. This ensures transparency and accountability in the electoral process.

 

It is divided into two parts:

 

Part 1:  Prepared by the presiding officer, it records the total votes cast at a polling station on election day. A signed copy is given to polling agents, while the official copy is stored in a ‘Strong Room’.

 

Part 2: Prepared by the returning officer, it details the final votes received by each candidate. This data is recorded after pressing the ‘Result’ button on the electronic voting machine (EVM).

 

What did Supreme Court say on Form 17C data?

In May 2024, the Association for Democratic Reforms (ADR) petitioned the Supreme Court to make Form 17C Part 2 data publicly accessible on the Election Commission's website. The poll panel argued that uploading booth-wise polling details could lead to misuse and misinformation, and that the general public had no legal right to access Form 17C data.

 

Ultimately, the Supreme Court decided not to order the Election Commission to release booth-wise voter turnout data under Form 17C. A vacation bench consisting of Justices Dipankar Datta and Satish Chandra Sharma emphasised the need for a "hands-off approach" when it comes to the election process, stating that it should not be disrupted.