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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Election Commission and Poll Surveys 1

Election Commission and Poll Surveys 1

Chapter:
(p.193) 24 Election Commission and Poll Surveys1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0090

On 21 January 1998, the Chief Election Commissioner Dr M.S. Gill issued guidelines to ensure that no opinion poll is published during the election period and no exit poll is published till the following was completed on 28 February. He cited Section 126 of the Representation of the People Act, 1951 as amended in 1996. He clarified that these guidelines were just that and did not carry any penalty. These guidelines were challenged in two courts by editors of two dailies. The EC's guidelines were devoid of legality and can be flouted with impunity. After all a voter has every right to know the election trends if he is to make an intelligent choice.

Keywords:   Chief Election Commissioner, M.S. Gill, Section 126, Representation of the People Act, 1951, guidelines

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