Delhi think-tank requests EC to initiate legal action against exit polls

CASC has written to the Election Commission saying the exit polls violate Section 126A of the Representation of People Act

A Delhi-based think-tank has written to the Election Commission requesting action or First Information Report (FIR) against 'unlawful Exit Polls for violation of Section 126A of the Representation of People Act, 1951'.

The think tank, Centre for Accountability and Systemic Change (CASC), said in a communication to the EC that the methodology of exit polls conducted by various agencies and companies were misleading.

Citing the methodology of Axis-My India's survey, CASC said "Even though 'Exit Poll' is the commonly-used nomenclature, technically speaking, the survey was a 'Post-Poll' study...In Exit Polls, respondents are interviewed outside the polling booths as people exit after casting votes. According to guidelines of the Election Commission of India, Exit Polls are banned…..Note that no data collection was done outside the polling booths as it is not permissible according to ECI guidelines."

CASC has questioned the mislabeling of these polls. "It is submitted that the Post Poll Surveys were published and telecast in guise of Exit Polls. If it is done so, it is a clear case of fraud and cheating by such agencies. Clarification may be sought from all such agencies by Election Commission. If such companies claim that Exit Polls were not conducted, then the Election Commission may direct them to issue the necessary clarification and public notice," the think tank said in its letter to the Chief Election Commissioner. 

Similarly, another agency, IPSOS, stated its methodology for conducting exit polls as: "Voters were randomly selected outside the polling station. Every third voter coming out after casting vote was selected. The Survey was conducted on the Election Day in all the seven phases of polling. The interviewing process started when polling opened and continued throughout the day until voting closed to ensure a better representation of voters coming in at different time clusters."

Section 126A of the Representation of the People Act, 1951 does not allow any person to conduct, publish or publicise an exit poll. Further, in a notification dated April 7, the EC had said that exit polls were prohibited between 7.00 am on April 11, 2019 and 6:30 pm on May 19, 2019. 

While exit polls were made public only after 6:30 pm on May 19, the collection of data happened between April 11 and May 19. 

CASC said that the exit polls conducted by various agencies, claiming to collect data of around eight lakh voters, were a clear case of violation of the law and Election Commission notifications. 

The think tank has requested a detailed enquiry by the EC into the matter. "You may seize all such data of voters to inquire if those were collected outside the polling booth -- a condition required to conduct the Exit Polls".