SC to hear on May 17 NGO's plea for release of voter turnout data for LS polls within 48 hours
New Delhi (PTI): The Supreme Court on Monday agreed to hear on May 17 a plea of an NGO seeking a direction to the Election Commission to upload polling station-wise voter turnout data on its website within 48 hours of conclusion of polling for each phase of the Lok Sabha elections.
A bench of Justices Sanjiv Khanna and Dipankar Datta said the matter will be listed on Friday after advocate Prashant Bhushan, appearing for NGO Association for Democratic Reforms (ADR), sought urgent listing of the petition.
Last week the NGO filed an interim application in its 2019 PIL seeking directions to the poll panel that "scanned legible copies of Form 17C Part-I (Account of Votes Recorded)" of all polling stations be uploaded immediately after the polls.
"Direct the Election Commission to provide tabulated polling station-wise data in absolute figures of the number of votes polled as recorded in Form 17C Part- I after each phase of polling in the ongoing 2024 Lok Sabha elections and also a tabulation of constituency-wise figures of voter turnout in absolute numbers in the ongoing 2024 Lok Sabha elections," the NGO said.
It said the plea was filed to ensure that the democratic process is not subverted by electoral irregularities.
"The voter turnout data for the first two phases of the ongoing 2024 Lok Sabha elections published by ECI on April 30 has been published after 11 days of the first phase of polling held on April 19 and four days after second phase of polling held on April 26.
"The data as published by the ECI in its press release dated April 30, 2024 shows a sharp increase (by about 5-6%) as compared to the initial percentages announced by ECI as of 7 pm on the day of polling," the plea said.
The petition said the "inordinate" delay in the release of final voter turnout data, coupled with the unusually high revision of over five per cent in the poll panel’s press note of April 30, 2024 has raised concerns and public suspicion regarding the correctness of the said data.
The non-release of absolute number of votes polled, coupled with the "unreasonable delay" in release of votes polled data, has led to apprehensions in the mind of the electorate about the sharp increase between initial data and data released on April 30, it said.
"These apprehensions must be addressed and put to rest. That in order to uphold the voter's confidence it is necessary that the ECI be directed to disclose on its website scanned legible copies of Form 17C Part- I (Account of Votes Recorded) of all polling stations which contains the authenticated figures for votes polled, within 48 hours of the close of polling," it said.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
