The Hindu : National : `EC cannot enforce norms on exit polls'

Online edition of India's National Newspaper
Wednesday, Feb 14, 2007
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National

National

`EC cannot enforce norms on exit polls'

They were withdrawn: NDTV

New Delhi : The NDTV news channel said on Tuesday that the Election Commission had no power to enforce the guidelines relating to publication of opinion and exit polls.

The channel's lawyers, in response to EC's decision to file an FIR against NDTV for allegedly violating electoral laws in telecasting exit poll-like results during the (Punjab) election process on Tuesday, said in a statement that in the EC's report `Proposed Electoral Reforms,' the Commission issued some guidelines in this regard in 1998 which was challenged in courts.

Subsequently, on the observation of the Supreme Court that the Commission did not have the power to enforce the guidelines, they were withdrawn, the lawyers said.

They said the Law Ministry had obtained the opinion of the Attorney-General who said that prohibiting the publication of opinion polls and exit polls would be a breach of Article 19 (1) of the Constitution.

`RPA violation'

Earlier in the day, the Commission decided to file the FIR against NDTV for allegedly violating the electoral law by telecasting outcome projections on elections in Punjab.

The FIR would be filed against the channel for violation of the Section 126 of the Representation of the People Act (RPA), which says no person shall display to the public any election matter by means of cinematograph, television or other similar apparatus.

PTI

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