LAWS(ALL)-2014-4-139

SYED MOHD. FAZAL Vs. UNION OF INDIA

Decided On April 18, 2014
Syed Mohd. Fazal Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This writ petition, which has been filed in the public interest, seeks two reliefs:

(2.) Section 126-A and Section 126-B of the Representation of the People Act, 1951 were introduced by Act 41 of 2009, which was brought into force with effect from 1 February 2010. Section 126-A provides as follows:

(3.) In exercise of the powers, which have been conferred by sub-section (1) of Section 126-A, a notification has been issued on 3 April 2014 by the Election Commission of India. The notification takes note of the fact that schedules for the general elections to the Lok Sabha and to the Legislative Assemblies of four States as well as for bye-elections to the Legislative Assemblies of nine States were announced by the Commission on 5 March 2014. The notification, in this background, imposes the following restrictions on conducting any exit poll or publishing or publicising by means of the print or electronic media or dissemination in any other manner, whatsoever, the result of any exit poll in connection with the aforesaid general elections. The relevant part of the notification reads as follows: