Election Commission condemns prediction of poll results- violation of RPA

The Election Commission of India (EC) yesterday issued a ‘communication’ directed at all ‘print and electronic’ media prohibiting them from telecasting or publishing any content which seeks to predict poll outcomes..This communication comes in light of the recent state elections of Goa, Manipur, Punjab, Uttarakhand and Uttar Pradesh..While the EC had issued a similar notification on 4th March directing all media houses to refrain from disseminating any content which would declare the results of exit polls, it was observed that these directions were not adhered to..These directions were, and have again been issued under Section 126A (1) of the Representation of the Peoples Act, 1951 (Act), which reads as follows,.“126A. Restriction on publication and dissemination of result of exit polls, etc:. (1) No. person shall conduct any exit poll and publish or publicise by means of 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 the regard.”.This section, which was inserted in the Act by the way of amendment in the year 2009, also enables the EC to notify the duration for which such a prohibition will last..Beginning 1st February, 2017, the EC had issued several notifications directing media houses to refrain from predicting poll outcomes, the last of which was issued on 4th march, extending the period until 9th of March..In its latest ‘communication’ though, the EC notes,.“Despite the above provisions of 126 A and notification of the Commission, it has been observed that some of the TV channels telecast certain programmes projecting the numbers of seat likely to be won by political parties. This was done during the period during which exit polls and dissemination of their results were prohibited.”.In the end, the EC has ‘advised’ all media to,.“refrain from telecasting/ publishing similar programmes in future elections during the prohibited period under Section 126A to ensure free, fair and transparent election.”.This letter which clearly in the nature of an ‘advisory’ without any penal consequences, leaves to one question what is it this time that will stop media from publishing such content..(Read the order)