SC refers controversy over EC guidelines to constitution bench

NEW DELHI, SEPT 9: The Supreme Court on Thursday referred to a five-judge constitution bench the controversy over the constitutional vali...

NEW DELHI, SEPT 9: The Supreme Court on Thursday referred to a five-judge constitution bench the controversy over the constitutional validity of the Election Commission8217;s guidelines banning media from publishing opinion and exit polls during the mid-term elections.

A three-judge bench headed by Justice S B Majmudar said as the matter involves interpretation of powers of EC in regard to superintending of election process under article 324 of the Constitution 8220;in our view the petition of the EC should be placed before a five-judge constitution bench.8221;

The bench said EC counsel Harish Salve could now mention the petition before the Chief Justice Thursday afternoon for appropriate directions. It also disposed of two applications filed by the Commission in view of the substantive petition filed by it.

Appearing for the Central government, Attorney General Soli J Sorabjee said the government was not for confrontation with the EC but is questioning the legality of the EC guidelines on exit and opinion polls.

8220;Government is not taking the EC head on as the media has reported. It respects the EC but thinks the guidelines issues on exit and opinion polls are ultra vires vis-a-vis the Constitution,8221; he said.

The government had on Wednesday said that the guidelines did not have the statutory backing and appeared to be violative of the fundamental right to information and expression.

Sorabjee had said, 8220;How could the EC infringe upon the fundamental rights to information and right to expression under the garb of these guidelines.8221;

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EC counsel Harish Salve had said the Commission apprehended 8220;a serious impairment of the fairness of the entire election process if opinion polls conducted in areas where polls have already been held, are allowed to be published.8221;

The court had asked the Jain Satellite TV channel to defer till further orders its proposed telecast for Wednesday night the exit polls conducted in the first phase of elections.

Sorabjee said the Canadian Supreme Court had quashed similar guidelines by that country8217;s election authorities terming them as violative of fundamental rights.

The Commission said 8220;publication of opinion polls at this stage, is bound to give an impression to the average voter that insofar as the states where elections have already been held, the poll is indicative of the manner in which the franchise has been exercised.8221;