New Delhi, April 6
The Election Commission found itself in a delicate situation today with the Congress and other Opposition parties demanding a ban on opinion polls with the BJP willing to go along with the majority opinion. It was also widely felt that the result of exit polls should only be announced after the final phase of elections.
At the same time, divergent views were expressed on the highly controversial issue of personal attacks. The Election Commission was urged to set the benchmark in this regard which would be adhered to by all political parties.
The commission, which had specially convened a meeting of all political parties to elicit their views on opinion and exit polls as well as strident personal attacks against certain leaders, finds itself pushed into a tricky corner. This assumes significance as the Supreme Court had struck down a ban on opinion and exit polls in 1999.
The election panel will have to proceed guardedly in banning opinion and exit polls, though sources observed that a way out could be promulgating an ordinance. The commission is yet to discuss the issue and expected to take a decision soon.
Even as BJP leader Vijay Kumar Malhotra felt there was nothing wrong with opinion polls — but had no objection to a ban — Congress spokesperson Kapil Sibal maintained that there was no need for the commission to move the Supreme Court.
Mr Sibal maintained that a consensus had been evolved that opinion polls should be banned from the first day of notification. In the case of exit polls, the results should not be announced before the end of the last phase of voting. And in the present case, the outcome of the exit polls should not be made public before 5 pm on the last day of polling on May 10.
On the definition of personal attacks, the Congress and the BJP sought specific clarifications from the commission. Mr Sibal said political parties agreed that there should not be any
personal attacks and whatever suggestion was made by the commission, would be strictly adhered to.
Nevertheless, Mr Malhotra and Tamil Nadu Chief Minister J. Jayalalithaa’s AIADMK insisted that the foreign-origin issue was the core one and not a personal attack. They were not averse to a ban on casting aspersions on somebody’s character.
AIADMK legal adviser N. Jothi, who submitted a letter to the commission, said the foreign-origin issue was very relevant as it concerned the security of the country and the Prime Minister had the control over the nuclear button.
He submitted that if the AIADMK’s manifesto stated that only a natural born Indian should be preferred over a non-natural born Indian citizen, it cannot be categorised as being abusive or unpatriotic or intended to insult anyone or create violence.
Mr Jothi said he failed to understand why Congress President Sonia Gandhi had not complained to the commission
herself, rather than routing the complaint through the DMK-led Democratic Front in Tamil Nadu.
Perturbed by the personal attack against Ms Gandhi, Mr Sibal told the commission that it should suo motu ban personal attacks and issue the necessary directions so that the right signal was sent across the entire political spectrum.
The problem of slanderous political
advertisements could not be discussed at the meeting as it was sub judice. Mr Malhotra, however, said the commission should give clearance to an advertisement within 24 hours. He urged the commission to convene another meeting of political parties after the Supreme Court gave its ruling on slanderous political advertisements.
