NEW DELHI, Jan 29: Acting on a petition challenging the Election Commission's (EC) decision banning opinion and exit polls by the media in the coming Lok Sabha election, the Delhi High Court today issued a notice to the Commission.Posting the matter for further hearing on February 5, a division bench, comprising acting Chief Justice Mahinder Narain and Justice S K Mahajan, asked the Commission to file its reply by that date.
The petition, filed by Frontline news magazine and its editor N Ram, sought to quash the Commission's ``controversial order'' banning publication of opinion and exit polls by the media between February 14 and 28.
``The object of these opinion polls is to inform and educate people about the opinions and views of different sections of the society on important public issues including elections,'' the petitioners said.
The petitioners felt that both pre-election and exit polls during elections were an important and useful method of disseminating information and educating theelectorate about how various sections of society react to and think and feel about political parties, their candidates and why.
Arguing for the petitioner, their counsel, noted jurist Shanti Bhushan submitted that the EC's order banning opinion and exit polls ``is violative of petitioners'' fundamental right of free speech and expression guaranteed by Article 19 (1) (a) of the Constitution.''
On January 21, the Commission banned publication/broadcast of opinion polls from February 14 to 28 and put similar restrictions on exit polls from February 16 for a 13-day period. The ban came in the wake of demands from political parties which favoured restrictions on these polls during the election process so that nobody suffered adversely or gained an undue advantage.
Bhushan contended that ``in any case, the Election Commission has no legal authority or jurisdiction to issue such an order banning the publication of pre-election and exit polls.'' It was also argued that ``Section 126 of the Representation of thePeople Act, 1951 (providing for up to two years imprisonment, if found violating the order) referred to in the EC order does not apply to the print media or to the publication of pre-election opinion or exit polls.''
He also submitted that freedom of press has long been established as an integral part of the freedom of speech and expression enshrined in the Constitution.
``Objective pre-election surveys and exit polls may be said to be a counter to and an antidote against speculatives and tendentious claims made by partisan political propaganda,'' the petitioners said.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
