ECI bans exit polls during J&K assembly elections

SRINAGAR, SEPTEMBER 04: The Election Commission of India (ECI) has prohibited the conduct of any exit polls by media outlets during the Assembly Elections-2024 for Jammu and Kashmir under Section 126A of the Representation of the People Act, 1951. The exit poll ban on election results, according to notification, starts from the beginning of hours fixed for a poll on the first day of the poll and continues till half an hour after the closing of the poll in J&K.

The Jammu and Kashmir Assembly Elections are scheduled to commence on 18 September 2024 in 3 Phases across the Union Territory.

A notification issued today stated that the schedule for the ongoing General Elections to the Legislative Assemblies of Haryana and Jammu & Kashmir was announced by the Election Commission through Press Note No. ECU/PN/128/2024 dated August 16, 2024, and Press Note No. ECU/PN/132/2024 dated August 31, 2024.

Invoking Section 126A of the Representation of the People Act, 1951 (R.P. Act, 1951), the notification emphasized that “no person shall conduct any exit poll and publish or publicize using the print or electronic media, or disseminate in any other manner whatsoever, the result of any exit poll during such period as may be notified by the Election Commission in this regard.”

The notification further clarified that under  sub-section (1), the Election Commission shall, by a general order, notify the date and time having due regard to the following, namely:

In the case of a general election, the period may commence from the beginning of polling hours on the first day of polling and continue until half an hour after the closing of the poll in all States and Union territories.

In the case of a bye-election or multiple bye-elections held together, the period may commence from the beginning of polling hours on the first day of polling and continue until half an hour after the closing of the poll.

If multiple bye-elections are held on different days, the period may commence from the beginning of polling hours on the first day and continue until half an hour after the closing of the last poll.

The notification added that any person who contravenes the provisions of this section shall be punishable with imprisonment for a term that may extend to two years, or with a fine, or both.

Therefore, in exercise of the powers under sub-section (1) of Section 126A of the R.P. Act, 1951, and considering the provisions of sub-section (2) of the same section, the Election Commission hereby notifies the period between 7:00 A.M. on September 18, 2024 (Wednesday), and 6:30 P.M. on October 5, 2024 (Saturday), as the period during which the conducting, publishing, or publicizing of exit polls by any means, including print or electronic media, or dissemination in any other manner, shall be prohibited in connection with the aforementioned general elections.

Furthermore, it is clarified that under Section 126(1)(b) of the R.P. Act, 1951, displaying any election matter, including the results of any opinion poll or other poll survey, in any electronic media, is prohibited during the 48 hours ending with the conclusion of polling in connection with the aforesaid general elections.

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