SC: Pendency of exit poll bill no deterrent for EC

Pendency of a bill in Parliament intending to regulate publication of exit and opinion polls would not deter the Election Commission from issuing appropriate orders restraining media from going public with results of such psephological exercises, the SC ordered on Monday.

A bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam, hearing a PIL filed by D K Thakur, was persuaded by additional solicitor general Amarendra Saran to overcome its initial reluctance and pass this order.

The bench, acceding to Saran’s request, said, “We make it clear that the EC would be at liberty to pass any direction.” This means, the pendency of the contentious law banning exit polls would not in any way influence the EC from passing an appropriate order.

This clarification suited the Centre as Saran’s effort throughout had been to impress on the SC to clear the confusion by leaving it to EC’s discretion. This clarification will hold good till the Lok Sabha polls as the court adjourned hearing on the PIL without giving any date for the next listing.

The bill, proposing complete ban on exit polls, was passed in Rajya Sabha, but is pending in the Lok Sabha. The petitioner’s counsel, senior advocate P Narasimhan, argued that till the time the bill became a legislation, a mechanism should be put in place to regulate exit polls.
Source:-The Times of India Delhi 20 January 2009 2008 P.11
For any query:- legalpoint@aol.in