IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 12472 of 2011(H) -------------------------- PETITIONER: --------------- S.SUNIL KUMAR @ MAYYANAD SUNIL, S/O.SREENIVASAN, ALAYIL, MAYYANAD P.O., KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: --------------- 1. THE UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT, LAW SECRETARIAT, PARLIAMENT BHAVAN, NEW DELHI-110001. 2. THE ELECTION COMMISSION OF INDIA, NAVACHAN SADAN, ASOKA ROAD, NEW DELHI-110001. 3. THE STATE ELECTION COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695001. 4. THE CHAIRMAN, ASIANET NEWS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695002. 5. SRI.MEERA SABIB, CENTRE FOR FORECASTING AND RESEARCH, THIRUVANANTHAPURAM, PIN-695010. ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN. FOR R2 SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.12472 OF 2011 -------------------------------------------------- Dated this the 31st day of May 2011 JUDGMENT The petitioner has approached this Court with the following prayers:- i) To declare that Section 126(A)(3) of the Representation People Act 1950 in not fixing time limit from the Date of Notification of the Election along with the Code of Conduct on Publication and Dissemination or Result of Exit Poll is ultravires of the Constitution. ii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to take steps to recommend the 1st respondent to amend Section 126(A) of the Representation People Act 1950 restricting the Publication and Dissemination or Result of Exit Poll from the date of Notification and from the implementation of Code of Conduct. iii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider Ext.P3 and to take steps to amend Section 126(A) of the Representation People Act 1950 restricting the Publication and Dissemination of Result of Exit Poll from the date of Notification and from the implementation of Code of Conduct. iv) To award the cost of the Writ Petition from the respondents 4 and 5. v) To issue such other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. Heard the learned Assistant Solicitor General of India, who appeared on behalf of of R1 and the learned standing counsel for the 2nd and 3rd respondents. W.P.(C) No.12472/2011 2 3. In view of the limited nature of the relief now pressed for, this Court does not find it necessary to issue notice to R4 for the time being. The learned standing counsel for R2 with reference to the contents of the statement filed, submits that the action taken by the Election Commission is strictly in tune with the relevant provisions of the amended statute which has come into force on 01-02-2010. If at all the petitioner is aggrieved in any manner it is open for him to approach the 1st respondent. 4. The learned counsel for the petitioner submits that the petitioner would like to file a detailed representation before the 1st respondent projecting the grievance and that, the only direction sought for is to have the same considered in accordance with law. 5. After hearing both the sides, interference is declined in the Writ Petition, however, with liberty to the petitioner to pursue the grievance before the 1st respondent by filing a representation within 'one month' from the date of receipt of a copy of this judgment, on which event, the same shall be considered and appropriate orders shall be passed as expeditiously as possible. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE