Central Information Commission
Prashant Vilas Dhasal vs Election Commission Of India on 4 June, 2025
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/2024/644337
Shri Prashant Vilas Dhasal ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Election Commission of India ...प्रनतवािीगण /Respondent
Date of Hearing : 30.05.2025
Date of Decision : 30.05.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 27.07.2024
PIO replied on : 23.08.2024
First Appeal filed on : 04.09.2024
First Appellate Order on : 23.09.2024
2ndAppeal/complaint received on : 07.10.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 27.07.2024 seeking information on the following points:-
1. Statistical Details of Votes:
a) Certified copies of the total number of votes recorded by Electronic Voting Machines (EVMs) in each of the 542 Lok Sabha constituencies where elections were held.
b) Certified copies of the total number of votes counted by EVMs in each of these constituencies.
c) Certified copies of votes matched with VVPAT count and count of Form 17C generated during Loksabha election 2024, Please share the certified copy regarding the same.
2. Information on Candidates:
a) Certified copies showing details of the names of candidates who contested and lost in the Lok Sabha elections and have filed Applications for recounting.
b) Please provide certified copies showing action taken by ECI on recounting applications.
c) Provide Certified copies mentioning the names of candidates who lost the election by a very small margin against the winning candidate.
3. Details on Malfunctioned EVMs during 2024 election.
a) Please share certified copy stating the count of EVMs and VVPATs malfunctions reported in the Lok Sabha 2024 elections to the ECI.Page 1 of 3
b) Certified copies showing the date and time, machine IDs, and constituency details where EVMs and VVPATs were reported to have malfunctioned during the actual Lok Sabha 2024 elections and were subsequently reported to Election Commission of India (ECI) officials.
c) With respect to point 3(b), provide the action taken report on those malfunctioning EVMs and VVPATs by the ECI. Please state the locations where these malfunctioned EVMs and VVPATs were sent for repair and share the repair reports."
The CPIO vide letter dated 23.08.2024 replied as under:-
"Item No. 01 (a) & (b):- It is informed that the information sought by you is not available at this stage. The work of checking and verification of statistical data of General Election to Lok Sabha, 2024 is under process. After completion of the said work, the correct and final statistical data will be uploaded on the Commission's website at the link: https://www.eci.gov.in/statistical-reports. Item No. 01 (c), 02 (a) & (b):- It is informed that information sought by you is not available in the Commission.
Item No. 02 (c):- Information sought by you is not available in the Commission. It may be available with the Returning Officer of the concerned States/UTs. As the matter is related to more than one public authorities, application cannot be transferred under Section 6(3) of the RTI Act, 2005. Item No. 03:- Information sought by you is not available in the Commission. It may be available with the District Election Officer of the concerned States/UTs. As the matter is related to more than one public authorities, application cannot be transferred under Section 6(3) of the RTI Act, 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 04.09.2024. The FAA vide order dated 23.09.2024 held as under:-
"I have examined the original application and reply of the CPIO. The CPIO has given point-wise reply as sought by the appellant in his RTI application. Most of the information sought by the appellant may be available with offices the CEOs/DEOs of States/UTs. In this regard, the appellant is informed that offices of Election Commission and CEOs/DEOs of States/UTs are separate public authority for the purpose of RTI. The appellant may file separate RTI applications to the States/UTs for obtaining the requisite information. The appellant is further informed that CPIO can provide information which are available with public authority in material form. Accordingly, the appeal is disposed of."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission dated 16.05.2025 has been received from CPIO, ECI reiterating the above contentions as already stated by the PIO.
Appellant: Not present Respondent: Smt. Suruchi Nawana - APIO/SO; Shri Birendra Kumar - ASO were present during hearing.Page 2 of 3
Respondent present during hearing contended that information as permissible under the RTI Act had been duly furnished to the Appellant. The Appellant is not present for the hearing.
Decision:
Perusal of records of the instant case reveals that the Respondent had furnished information available on records, as defined under Section 2(f) of the RTI Act, in terms of the provisions of the Act. Considering the fact that the response of the PIO is legally appropriate and well within the precincts of the RTI Act and the Appellant has chosen not to contest the case, no further intervention is warranted in this case, under the RTI Act.
The appeal is disposed off 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 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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