Central Information Commission
Shri Subodh Jain vs Election Commission Of India (Eci) on 2 July, 2009
CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2008/0039 dated 15-1-2008
Right to Information Act 2005 - Section 19
Appellant: Shri Subodh Jain
Respondent: Election Commission of India (ECI)
FACTS
By an application dated 4.8.2007 addressed to the CPIO President Secretariat Shri Subodh Jain of East Loni Road, Delhi sought the following information; -
"1. Can any criminal contest the election of MP, MLA or Corporation?
2. If not, under which law and rule?
3. If any criminal matter is registered under any person in the court or matter is going on, can he contest the election?
4. If yes, give the reasons.
5. If any person is found involved in any criminal matter before his election and later on court gives verdict against him then whether that person will be dismissed from that elected post.
6. If not? If any citizen who is found criminal and he is not dismissed, whether it is correct.
7. From the year 2000 onwards the elected person of which House or Corporation have been found culprit and punished by the court.
8. Out of those who have resigned of their own and how many have been removed or dismissed.
9. At present who are the MPs, MLAs and Corporators are booked under criminal actions.
10. Whether any of them have been involved in traitorship (sic), disturbance, separatism and lawlessness.
11. If yes? Then against whom."
This application was received by CPIO Shri Nitin Wakankar of the President's Secretariat on 16.8.2007 who transferred the same to the CPIO Election Commission of India, New Delhi on 21.8.2007. Shri S. R. Kar, Under Secretary and CPIO, Election Commission of India (ECI) in his letter of 31.8.2007 responded to the request as follows: -
"Point No. 1-6 "Please refer to Articles 84, 102, 173, and 191 of Constitution of India and Sections 3 to 10K of the Public Representation Act 1951 for qualifications and disqualifications for 1 contesting elections by citizens for Parliament, State Assemblies. The Election Legal Directory in which above sections have been given is available on our website www.eci.gov.in. It is also informed to you that after the election of MP and MLA Election Commission has no concern with their qualification or disqualification.
Point No.7-11 No such record is maintained by the Election Commission of India. Please also note that Commission has no concern with Local Body elections."
Not satisfied appellant Shri Subodh Jain moved an appeal once more before the Appellate Authority but once more in the President's Secretariat on 15.9.2007 with the following plea; -
"As per rules the concerned points are to be transferred to the concerned CPIO, but in my case this has not been done. Please penalize the CPIO and provide me complete answer to my questions."
Upon this appellate authority President's Secretariat Mrs. Rasika Chaubey, IFA, has responded as follows: -
"The application was rightly transferred by the CPIO of Rashtrapati Bhavan to the CPIO, Election Commission of India, vide letter No. E-6/DPS/15/8/2007 dated 21st August 2007. It is understood that the CPIO of the Election Commission has acted on the RTI application which has also been acknowledged by the appellant. In view of the above, the action taken by the CPIO of President's Secretariat is correct and appropriate as per section 6 (3) of the Right to Information Act, 2005 and no further action is required at his end. The appeal stands dismissed."
Appellant's prayer before us in his second appeal is as below: -
"I sought information on 11 points from the President's Secretariat. From there it was transferred to Election Commission of India. From there also I could not get any information. On my first appeal also the Appellate Authority has not taken any interest in providing me the information. As per rules please take appropriate action against the PIO and the First Appellate Authority and get me the information."
The appeal was heard on 2-7-2009. Following are present.
Respondents Mr. K.F. Wilfred, Secretary, ECI Mr. A.N. Das, Under Secretary, ECI 2 Although informed of the date of hearing through our letter of 19-6- 2009 appellant Shri Subodh Jain opted not to be present. Shri Faiz Ahmad Kidwai, Dy. Secretary and CPIO, President Secretariat in his letter of 1.7.09 has sought adjournment because of inability of President's Secretariat to depute a representative on that date. Since, however, we did not consider the presence of the CPIO, President Secretariat to be material in this case we have proceeded with the hearing.
Shri K. F. Wilfred, Secretary, Election Commission of India submitted that such information as appellant had sought has been provided and he has also been provided with the address of the website for any further reference or clarification that he may seek.
DECISION NOTICE The issue to be decided here is simple. Appellant has in fact protested that he has not got the information he has sought in the form in which he has sought it. In this matter the law is clear. Sub-section 9 of section 7 is unequivocal in that " an information shall ordinarily be provided in the form in which it is sought". This is subject to only some qualifications, which do not apply in this case. However, in the present case appellant has not moved a first appeal to the appropriate authority designated under sub-section 1 of section 19. Since the matter stood transferred to the Election Commission of India under section 6 (3) (i) Mrs. Rasika Chaubey has rightly dismissed the appeal, not being designated appellate authority.
st Because the appropriate 1 appellate authority has not addressed the questions of appellant, which are of direct concern to his public authority and because appellant has pleaded no ground for making a direct complaint to us u/s 18, or apprehension of malafide on the part of the Department, the Commission has decided to remand this appeal to Shri K. F. Wilfred, st Secretary, Election Commission of India, New Delhi 1 appellate authority who is directed to dispose of the appeal with the remarks that 3 he will now re-examine the request and provide information in light of sub-section (9) of section 7 as quoted above within 10 working days from the date of receipt of this decision notice, under intimation to Shri PK Shreyaskar, Jt Registrar, Central Information Commission. If not satisfied with the information so provided, appellant Shri Subodh Jain will be free to move a nd fresh 2 appeal before us as per Sec 19 (3). This Appeal is accordingly disposed of.
Announced in the hearing. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 2-7-2009 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.
(Pankaj K.P. Shreyaskar) Joint Registrar 2-7-2009 4