Private television news channel NDTV has said that the Election Commission has no power to enforce guidelines regarding publication of opinion and exit polls.
NDTV's lawyers, in response to EC's decision to file a police complaint against the channel for allegedly violating electoral laws in telecasting exit poll-like results during poll process on Tuesday, said in a notice that in the EC's report 'Proposed Electoral Reforms,' the commission had issued some guidelines in this regard in 1998, which had been challenged in courts.
Subsequently on the observation of the Supreme Court that the commission did not have the power to enforce the guidelines, the same were withdrawn by the commission, the channel's lawyers said.
They said the Law Ministry had obtained the opinion of the Attorney General who opined that prohibiting the publication of opinion polls and exit polls will be a breach of Article 19 (1) of the Constitution.
The commission had on Tuesday decided to file a complaint against the channel for allegedly violating the electoral law by telecasting outcome projections on elections in Punjab when the poll process was in progress.
The complaint will be filed against the channel for violation of the Section 126 of the Representation of People Act, according to which no person shall display to the public any election manner by means of cinematograph, television or other similar apparatus.
