Election Commission bans exit polls for J-K, Haryana assembly polls between Sep 18 and Oct 5

The Election Commission of India has issued notification prohibiting exit polls for assembly elections in Haryana and Jammu and Kashmir. The poll panel has banned exit polls from 7 am on September 18 to 6.30 pm on October 5, the last day of polling.

The assembly polls in Jammu and Kashmir is being held in three phases on September 18, September 25 and October 1. The Haryana assembly polls will be held on one phase on October 5. The results of both the elections will be declared on October 8.

“…Now, therefore, in exercise of the powers under sub-Section (1) of Section 126A of the RP Act, 1951, the Election Commission, having regard to the provisions of Sub-Section (2) of the said Section, hereby notifies the period between 7.00 AM on 18.09.2024 (Wednesday) and 6.30 PM on 05.10.2024 (Saturday), as the period during which conducting and publishing or publicising exit poll 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 election, shall be prohibited,” reads the notification dated September 3.

Predictions based on voter feedback

Exit polls are predictions by pollsters based on voter feedback collected by after the polling. While the idea behind the exit polls is to reflect public sentiment well before the actual results are announced, their accuracy has faced scrutiny in the past.

The ECI prohibits conducting exit polls during the voting process but allows the predictions to be published 30 minutes after the last vote is cast.

“It is further clarified that under Section 126(1)(b) of the RP Act, 1951, displaying any election matter including results of any opinion poll or any other poll survey, in any electronic media, would be prohibited during the period of 48 hours ending with the hours fixed for the conclusion of the poll in connection with the aforesaid general elections,” it said.

The Rules and Punishment

The rules of exit polls are governed by Section 126A of the Representation of the People's Act, 1951. “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 an exit poll during such period as may be notified by the Election Commission in this regard,” reads the Section 126A of the RP Act, 1951.

Any person who contravenes the provisions of the Section 126Ashall be punishable with imprisonment for a term which may extend to two years or with a fine or with both, as per the law.