Central Information Commission
Vivek Krishna vs Election Commission Of India on 27 June, 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/2023/133067.
Shri VIVEK KRISHNA ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Election Commission of India
Date of Hearing : 19.06.2024
Date of Decision : 21.06.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 18.02.2023
PIO replied on : 28.02.2023
First Appeal filed on : 11.03.2023
First Appellate Order on : 02.05.2023
2 Appeal/complaint received on
nd : 14.08.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 18.02.2023 seeking information on following points:-
"Request to provide the final enquiry report in the enquiry of 'Office of Profit' case conducted by the Election Commission of India for determining the issue of disqualification of the Jharkhand CM from the membership of Jharkhand Legislative Assembly for alleged act of corruption in allotting a stone chips mines in Angada area of Jharkhand to himself while in Office."
The CPIO vide letter dated 28.02.2023 replied as under:-
"With reference to your RTI application dated 18.02.2023 bearing registration number 22793, it is to state that at present the information and documents sought by you are exempted under Section 8 (1) (e) and 8(1) (h) of RTI Act., 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 11.03.2023. The FAA vide order dated 02.05.2023 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 1 of 3The Appellant filed a Writ Petition No. W.P(C) No. 29 before Hon'ble High Court of Jharkhand. The Hon'ble High Court of Jharkhand vide order dated 05/14.05.2024 stated as under :
"..In that view, I direct the respondent i.e. the Chief Information Commissioner to dispose of Second Appeal being CIC/ECOMMA/A / 2023/133067, filed of the petitioner under Section 93 of Right to Information Act, after hearing the parties concerned and pass a reasoned order, preferably within a period of three weeks from the date of receipt of a copy of this order.."
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing.
Respondent: Mr. Amit Kumar, Secretary- participated in the hearing.
The Appellant stated that the relevant information has not been furnished to him till date. He stated that he has sought final enquiry report in the 'Office of Profit' case conducted by the Election Commission of India for determining the issue of disqualification of the Jharkhand CM from the membership of Jharkhand Legislative Assembly for alleged act of corruption in allotting a stone chips mines in Angada area of Jharkhand to himself while in Office. He stated that as per Article 192 of the Constitution of India, the Governor seeks comments from the Election Commission of India in the matters related to disqualification of a member of Legislature of a State. He stated that as per clause 1 of the Article 192 the final decision in the matter of disqualification of member is of the Governor of the State. However, as per clause (2) of the Article 192, the Governor shall refer the matter to the Election Commission of India for its opinion and the Governor must act corresponding to the opinion. He submitted that obtaining the opinion of the Election Commission is, therefore, imperative. It is equally imperative for the Governor to act according to such opinion. Thus, the opinion of the Election Commission is decisive of the decision to be taken by the Governor. He averred that the language of the Article 192 makes it evident that the Election Commission has the power and jurisdiction to enquire into the matter of disqualification of the member of Legislature of State. He stated that the enquiry report related to the case of disqualification of the Jharkhand CM from the membership of Jharkhand Legislative Assembly must be available in the official record of Election Commission of India. He stated that the Election Commission of India is an autonomous body and information sought should be furnished to the Appellant in the public interest.
The Respondent stated that the information sought is related to third party and same is exempted from disclosure under Section 8(1)(e) and 8(1)(h) of the RTI Act. He stated that matters related to disqualification of a member of Legislature of a State is referred by the Governor of State to the Election Commission of India only for its opinion and all the documents related to the reference is held in fiduciary capacity. He stated that as per Article 192 of the Constitution of India, the Governor of the concerned State is the competent and final authority to take any decision in the matter and the role of Election Commission of India is very limited in these matters. He stated that the final decision of the Governor of State is published in the official gazette and placed in public domain. He Page 2 of 3 stated that the matter is still under consideration and information sought is exempted under Section 8(1)(h) of the RTI Act.
Decision:
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. The reply is self- explanatory and information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
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 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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