Mahua Moitra v Election Commission of India, with Association for Democratic Reforms' interim application
PendingReported as pending. Last confirmed hearing 24 May 2024; no later order found.
3 recorded steps, 17 May 2024 to 24 May 2024 — still pending.
Every recorded step
- 2024
17 May 2024OrderREPORTEDNOT YET CHECKED
On an application filed by ADR on 9 May 2024 in its pending 2019 petition, a bench of CJI D.Y. Chandrachud and Justices J.B. Pardiwala and Sanjiv Khanna gave the Commission a week to reply. ADR sought publication of polling-station-wise absolute votes from Form 17C Part I within 48 hours of each phase, and scanned Form 17C Part II after counting. Asked why it would not disclose the data, the Commission's counsel said compiling it took time.
22 May 2024FilingRESPONSENOT YET CHECKED
In an affidavit, the Commission said the law requires Form 17C to be given only to candidates' agents under Rule 49S, so there is no legal mandate to publish it. It said posting it online could allow images to be morphed and cause public mistrust, and that changing procedure mid-election would breach Article 329(b). It called the claim of a 5-6% rise in turnout misleading and unsubstantiated.
24 May 2024OrderREPORTEDNOT YET CHECKEDLATEST
A vacation bench of Justices Dipankar Datta and Satish Chandra Sharma said interim relief would amount to final relief and that a hands-off approach was needed mid-election. It relisted ADR's application with the main petitions after the vacation. The Commission's counsel called the plea based on unfounded suspicions and said such petitions reduce turnout.
- COURT
- Supreme Court of India
- CASE NUMBER
- W.P.(C) No. 1382/2019 (Moitra, main petition); I.A. No. 115592/2024 (ADR, interim application within it)
- BENCH
- Justice Dipankar Datta and Justice Satish Chandra Sharma (vacation bench, May 2024 hearing); Justice D.Y. Chandrachud CJI, Justice J.B. Pardiwala and Justice Sanjiv Khanna (notice, May 2024)
- PETITIONERS
- Mahua Moitra, Association for Democratic Reforms (interim application)
- RESPONDENTS
- Election Commission of India
- FILED OR FIRST RECORDED
- 2019
In brief
TMC MP Mahua Moitra's 2019 writ petition over discrepancies in provisional and final voter-turnout figures remained pending in the Supreme Court; ADR filed an interim application in it during the 2024 general election seeking real-time, polling-station-wise publication of Form 17C. The Commission opposed disclosure, citing the absence of a legal mandate and risk of morphed images undermining public trust. A vacation bench declined interim relief on 24 May 2024, holding that granting it would effectively decide Moitra's main petition, and relisted the case after the vacation; no record of the main petition's final disposal was found.
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TMC MP Mahua Moitra's 2019 writ petition over discrepancies in provisional and final voter-turnout figures remained pending in the Supreme Court; ADR filed an interim application in it during the 2024 general election seeking real-time, polling-station-wise publication of Form 17C. The Commission opposed disclosure, citing the absence of a legal mandate and risk of morphed images undermining public trust. A vacation bench declined interim relief on 24 May 2024, holding that granting it would effectively decide Moitra's main petition, and relisted the case after the vacation; no record of the main petition's final disposal was found.
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