Central Information Commission
Phool Chand vs Election Commission Of India on 22 March, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/ECOMM/A/2023/101302
Shri Phool Chand ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Election Commission of India ...प्रनतवािीगण /Respondent
PIO, O/o Chief Electoral Office, Delhi
Date of Hearing : 20.03.2024
Date of Decision : 20.03.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 16.09.2022
PIO replied on : 03.10.2022
First Appeal filed on : 31.10.2022
First Appellate Order on : 01.11.2022
2ndAppeal/complaint received on : - -
Information soughtand background of the case:
The Appellant filed an RTI application dated 16.09.2022 seeking information on following points:-
"1. It is correct that in Delhi MCDs wards are being reduced from 270 to 250 in which 4 Wards seats are from S.C.
2. If so, provide the base on that MCD wards seats in Delhi are reduced from 272 to 250.
3. As per Censes of 2001 SC population enhanced from 15% to 16.92% based on Department for the Welfare of SC/ST/OBC/ Mino. letter dated 12.10.12.
4. According to Para 3 above number MCD, MLA and M.P. seats are to be made reserved for SC in Delhi.
5. Ground of reducing 4 SC wards when SC population enhanced from 15% to 16.92% based on 2001 Censes.
6. Based on enhanced S.C. population in Delhi number of SC seats are to be made reserved for M.L.A. and M.P. provide details of it."
The Secretary & CPIO, Election Commission of India, New Delhi vide letter dated 03.10.2022 replied as under:
Page 1 of 4"Item No. 4 (Partly) & 6:- Under the existing law, the Election. Commission is not empowered to make any change in the existing name/extent/status of any AC/PC, as delimited by the then Delimitation Commission, 2008.
In this regard you are requested to refer the provisions of Articles 82 & 170 of the Constitution of India.
Item No. 1, 2, 3, 4 (partly) and 5 was transferred to O/o State Election Commission, NCT Delhi under Section 6(3) of the RTI Act... "
PIO, O/o State Election Commission has furnished reply vide letter dated 18.10.2022 as under :
1 to 5: Consequent upon the amendment to the Delhi Municipal Corporation Act 1957 by the Delhi Municipal Corporation (Amendment) Act, 2022, the Delimitation of wards & reservation of seats for SC categories of persons in the Municipal Corporation of Delhi fall under the purview of Central Government/MHA. Further, there will be 250 wards in the single Municipal Corporation of Delhi, the Central Govt./MHA has also notified that there will be 42 wards to be reserved for person of Scheduled Caste.
6: Does not pertain to this Commission.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 31.10.2022. The FAA, ECI vide order dated 01.11.2022 upheld the reply of CPIO and further stated as under:-
"...3. Now, the applicant in his present Appeal has sought information on the reply as provided by Department for Welfare of SC/ST/OBC/Mino in its letter dated 10.12.10 to item nos. 1-5 & 6. In the said letter, the total population was shown 2343255 and age of SC as 16.92%, which does not seem to be as per 2001 census. Therefore, the correct position in respect of all items alongwith correct population figures w.r.t. 2001 in respect of NCT Delhi is as under:-
Item No. 1-5: As mentioned at para 2 above.
Item No.6: As per Delimitation Order, 2008, the population figures w.r.t. 2001 in respect of NCT of Delhi taken for the purpose of delimitation of Assembly & Parliamentary Constituencies, 2008 only is as under:- Total 2001 population 13850507 2001 SC population 2343255 2001 ST population = 0 The above population figures may also be accessed directly from the hyperlink https://cci.gov.in/files/category/960-final-papers/.
.......The appellant may note that the CPIO can only provide the information available with the public authority in any material form. In this regard the appellant may refer to CPIO's comments for more clarity..."
Written submission dated 04.03.2024 has been received from the CPIO. O/o Chief Electoral Officer stating as under :
Page 2 of 4"...On the above cited subject, is is submitted that after going through the enclosed papers, it appears that the requisite information pertains to PIO, State Election Commission, Govt. of NCT of Delhi, Nigam Bhawan, Kashmere Gate, Delhi-110006 not to PIO, Office of the Chief Electoral Officer, Old St. Stephen's College Building, Kashmere Gate, Delhi. Both the organizations are different entities.
It is therefore requested that the said appeal/Complaint may be sent to the PIO, State Election Commission, Govt. of NCT of Delhi..."
Written submission dated 07.03.2024 has been received from CPIO, O/o State Election Commission, Govt of NCT Delhi as under :
Kindly refer to the hearing notice on the above mentioned subject addressed to the CPIO. O/o the CEO, Government of NCT of Delhi. The said notice was forwarded to this Commission by the CPIO of the O/o the CEO, Government of NCT of Delhi vide its letter dated 04.03.2024 (copy enclosed).
In this regard, the reply pertaining to this Commission in respect of the second appeal is as under:-
1. That the RTI under reference was received in the Commission on transfer from Election Commission of India vide its letter dated 3.10.2022(copy enclosed).
2. That the information in respect of point number 1 to 5, as available in the Commission had been provided to the applicant vide letter No.F.7/SEC/RTI ID:152/ 2591/2022/7221 dated 18.10.2022 (copy enclosed).
3. That in compliance of the order dated 11.11.2022 passed by FAA, SEC on the first appeal filed by the applicant, his RTI application was transferred to CPIO, Government of India Ministry of Home Affairs vide letter No. F.7/SEC/RTI ID:152/2591/2022/7854 dated 12.11.2022, as the matter pertains to them (copy enclosed).
4. That the hearing notice dated 28.02.2024 issued by the office of the CIC, referred to above, has been forwarded to the CPIO, Government of India Ministry of Home Affairs for compliance, vide letter No. F.7/SEC/RTI ID:152/2591/2022/15113 dated 05.03.2024 (copy enclosed).
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: 1. Mr. Brejesh Kumar, US, ECI
2. Mr. S.C. Sharma, SO
3. Mr. Prasad Kumar, PIO, State Election Commission, NCT Delhi.Page 3 of 4
The Appellant stated that the relevant information has not been furnished to him till date. He requested to direct the PIO to furnish information as sought.
PIO, ECI stated that the relevant information from their official record has been duly furnished to the Appellant. He further stated that point No. 1, 2, 3, 4 (partly) and 5 was transferred to O/o State Election Commission, NCT Delhi under Section 6(3) of the RTI Act.
PIO, SEC, Delhi reiterated the averments made in their written submission and stated that the relevant information from their official record has been duly furnished to the Appellant.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent since only such information that is held and available with a public authority can be provided to the information seekers. In the given circumstances, since the information stands disseminated, no further intervention of the Commission is warranted in this case.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4