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Election Commission of India notification under Section 126A of the Representation of the People Act, 1951 prohibiting the conduct and publication of exit polls during the 2024 Jharkhand and Maharashtra general elections and associated bye-elections.

Detailed Summary

The Election Commission of India, vide notification O.N. 191(E) dated 21st October, 2024, issued under sub-Section (1) of Section 126A of the Representation of the People Act, 1951, in respect of the general elections to the Legislative Assemblies of Jharkhand and Maharashtra and bye-elections to 48 Assembly Constituencies and 2 Parliamentary Constituencies (per the schedule announced via Press Notes ECI/PN/149/2024 and ECI/PN/150/2024 dated 15th October, 2024), notifies that conducting or publishing/publicizing exit poll results by print, electronic media or any other means is prohibited between 7:00 A.M. on 13.11.2024 (Wednesday) and 6:30 P.M. on 20.11.2024 (Wednesday); it further clarifies that under Section 126(1)(b) of the Act, displaying election matter including results of any opinion or other poll survey in electronic media is prohibited during the 48 hours ending with the conclusion of polling for these elections; contravention is punishable with imprisonment up to two years, fine, or both; the Annexure lists affected Assembly and Parliamentary Constituencies across Assam, Bihar, Chhattisgarh, Gujarat, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Meghalaya, Punjab, Rajasthan, Sikkim, Uttar Pradesh, Uttarakhand and West Bengal; by order of S. B. Joshi, Principal Secretary, under File No. 576/EXIT/2024/SDR/Vol.I.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-21102024-258122 EXTRAORDINARY PART II—Section 3—Sub-section (iii) PUBLISHED BY AUTHORITY No. 180] NEW DELHI, MONDAY, OCTOBER 21, 2024/ASVINA 29, 1946 THE GAZETTE OF INDIA: EXTRAORDINARY ELECTION COMMISSION OF INDIA NOTIFICATION New Delhi, the 21st October, 2024 O.N. 191(E).—Whereas, the schedule for the current general elections to the Legislative Assemblies of Jharkhand & Maharashtra and bye elections to 48 Assembly Constituencies and 2 Parliamentary Constituencies (as per Annexure-1), has been announced by the Election Commission vide Press Note No. ECI/PN/149/2024 and No. ECI/PN/150/2024 both dated 15th October, 2024; and 2. Whereas, Section 126A of the Representation of the People Act, 1951(in short R.P. Act, 1951) specifies that “(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 this regard. (2) For the purposes of sub-section (1), the Election Commission shall, by a general order, notify the date and time having due regard to the following, namely: — (a) in case of a general election, the period may commence from the beginning of the hours fixed for poll on the first day of poll and continue till half an hour after closing of the poll in all the States and Union territories; (b) In case of a bye-election or a number of bye-elections held together, the period may commence from the beginning of the hours fixed for poll on and from the first day of poll and continue till half an hour after closing of the poll; Provided that in case of a number of bye-elections held together on different days, the period may commence from the beginning of the hours fixed for poll on the first day of poll and continue till half an hour after closing of the last poll. (3) Any person who contravenes the provisions of this section shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.” 3. Now, therefore, in exercise of the powers under sub-Section (1) of Section 126A of the R.P. 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 A.M. on 13.11.2024 (Wednesday) and 6.30 P.M. on 20.11.2024 (Wednesday) as the period during which conducting and publishing or publicizing 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 and bye elections, shall be prohibited. 4. It is further clarified that under Section 126(1)(b) of the R.P. 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 and bye-elections. [F. No. 576/EXIT/2024/SDR/Vol.I] By Order, S. B. JOSHI, Principal Secy. Annexure-1 +------+-----------------+-----------------------------------------------------------------+ | Sl. No. | Name of State | Assembly Constituency No./Parliamentary Constituency No. & Name | +======+=================+=================================================================+ | 1. | Assam | 11-Dholai(SC) AC | | 2. | | 31-Sidli(ST) AC | | 3. | | 32-Bongaigaon AC | | 4. | | 77-Behali AC | | 5. | | 88-Samaguri AC | | 6. | Bihar | 196-Tarari AC | | 7. | | 203-Ramgarh AC | | 8. | | 227-Imamganj(SC) AC | | 9. | | 232-Belaganj AC | | 10. | Chhattisgarh | 51-Raipur City South AC | | 11. | Gujarat | 7-Vav AC | | 12. | Karnataka | 83-Shiggaon AC | | 13. | | 95-Sandur(ST) AC | | 14. | | 185-Channapatna AC | | 15. | Kerala | 56-Palakkad AC | | 16. | | 61-Chelakkara(SC) AC | | 17. | | 4-Wayanad PC | | 18. | Madhya Pradesh | 156-Budhni AC | | 19. | | 02-Vijaypur AC | | 20. | Maharashtra | 16-Nanded PC | | 21. | Meghalaya | 56-Gambegre(ST) AC | | 22. | Punjab | 10-Dera Baba Nanak AC | | 23. | | 44-Chabbewal(SC) AC | | 24. | | 84-Gidderbaha AC | | 25. | | 103-Barnala AC | | 26. | Rajasthan | 27-Jhunjhunu AC | | 27. | | 67-Ramgarh AC | | 28. | | 88-Dausa AC | | 29. | | 97-Deoli-Uniara AC | | 30. | | 110-Khinwsar AC | | 31. | | 156-Salumber(ST) AC | | 32. | | 161-Chorasi (ST) AC | | 33. | Sikkim | 07-Soreng-Chakung AC | | 34. | | 11-Namchi-Singhithang AC | | 35. | Uttar Pradesh | 16-Meerapur AC | | 36. | | 29-Kundarki AC | | 37. | | 56-Ghaziabad AC | | 38. | | 71-Khair(SC) AC | | 39. | | 110-Karhal AC | | 40. | | 213-Sishamau AC | | 41. | | 256-Phulpur AC | | 42. | | 277-Katehari AC | | 43. | | 397-Majhawan AC | | 44. | Uttarakhand | 07-Kedarnath AC | | 45. | West Bengal | 06-Sitai(SC) AC | | 46. | | 14-Madarihat(ST) AC | | 47. | | 104-Naihati AC | | 48. | | 121-Haroa AC | | 49. | | 236-Medinipur AC | | 50. | | 251-Taldangra AC | +------+-----------------+-----------------------------------------------------------------+

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