Central Information Commission
Mr. Rajeev Kumar Sharma vs Election Commission Of India on 11 December, 2012
Central Information Commission, New Delhi
File No.CIC/SM/A/2012/000963
Right to Information Act2005Under Section (19)
Date of hearing : 11 December 2012
Date of decision : 11 December 2012
Name of the Appellant : Shri Rajeev Kumar Sharma,
RTI Activist, R/o. C645,
Vijay Colony, Saheed Nagar,
Sahibabad, Ghaziabad.
Name of the Public Authority : CPIO, Election Commission of India,
Nirvachan Sadan, Ashoka Road,
New Delhi - 110 011.
The Appellant was present in person.
On behalf of the Respondent, the following were present:
(i) Shri K.F. Wilfred, Principal Secretary
(ii) Shri J.K. Rao, Under Secretary
(iii) Shri Rakesh Kumar, US & CPIO
Chief Information Commissioner : Shri Satyananda Mishra
2. Both the parties were present during the hearing and made their submissions.
3. In connection with the assembly elections to the Uttar Pradesh State Assembly, the Appellant had sought a number of information. Some of these were general in nature while some others were specifically concerning the Shahibabad Assembly Constituency. The CPIO of the Election Commission of India had transferred some of the queries to his counterpart in Uttar Pradesh on the ground that the subject matter concerned the State Government. However, he had provided some information about the remaining queries. The Appellate Authority had, more or less, endorsed the stand taken by the CPIO.
4. During the hearing, we carefully heard the submissions of both the parties. In our view, the CPIO should provide the following additional information:
i) the copies of the expenditure statement filed by each of the candidates who contested the Shahibabad Assembly Constituency;
ii) the copies of the rules/instructions regarding the action which the Election Commission can take against any candidate for exceeding the expenditure ceiling.
5. Besides, the CPIO should also allow the Appellant to inspect the relevant files containing the complaints received from various sources against the candidates who contested the Shahibabad Assembly Constituency.
6. We direct the CPIO to provide the above two items of information within 10 working days of receiving this order. He is also directed to invite the Appellant for inspecting the relevant files as stated above on any mutually convenient date within 20 working days of receiving this order. After inspection, if the Appellant would choose to get the photocopies of some of the complaints and other file noting relating to those complaints, the CPIO shall provide the same to him on payment of the prescribed photocopying charges.
7. The appeal is disposed of accordingly.
8. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar