SUPREME COURT OF INDIA

Before:- S. B. Majmudar, M. Srinivasan and U. C. Banerjee, JJ.

I.A. Nos. 2 and 3 in Writ Petn. (Civil) No. 80 of 1998, with I. A. No. 4 with W.P. (C) No. 407 of 1999. D/d. 9.9.1999.

R. Rajagopal - Petitioner

Versus

U.O.I. and another - Respondents

Constitution of India, Article 324, Article 145(3) - Election - Supreme Court - Election Opinion/Exit polls-Telecast of, on satellite Television - Writ petition by Election Commission for enforcement of guidelines banning the media from reporting Opinion/Exit polls - Important question of interpretation of Article 324 in the light of other relevant Articles of Constitution involved - Petition directed to be placed before Bench of not less than five Judges.

[Para 3]

ORDER

Interim application in W.P. (C) No. 407 of 1999 filed to day in Court is permitted to be kept on record.

2. In view of the writ petition i.e. W.P. (C) No. 407 of 1999 filed by the Election Commission of India, learned senior counsel, Mr. Salve rightly says that I.As. 2 to 4 in W.P. (C) No. 80 of 1998 do not survive. These I.As. are disposed of as infructuous.

3. In our view, as an important question of interpretation of Article 324 in the light of other relevant Articles of the Constitution of India will have to be considered in the writ petitions, as per Article 145(3) of the Constitution of India, these writ petitions are required to be placed before a Bench of not less than five learned Judges. Liberty reserved to the parties to move the Hon'ble the Chief Justice of India for obtaining appropriate orders in this connection. It is obvious that the interim application which is tagged on with W.P.(C) No. 407 of 1999 will also have to be placed before the Bench of five learned Judges.

Order accordingly.