Central Information Commission
Shri Digvijay Singh vs Election Commission Of India (Eci), New ... on 17 December, 2009
CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2008/00775dated: 21.08.'08
Right to Information Act 2005-Section 18(1)(e)
Complainant: Shri Digvijay Singh
Respondent: Election Commission of India (ECI), New Delhi.
Decision Announced 17.12.'09 The Commission has received a complaint from Shri Digvijay Singh of Sonepat, Haryana praying as follows: -
"Please take up the case and provide me the requisite information from the authorities concerned without any further delay as this matter is of great national interest."
That information seeking clarification regarding eligibility of a Govt. servant to contest elections (Parliamentary, Assembly, Municipal) in India was originally sought through an application of 30.05.2008. In his response of 27.06.2008 CPIO Shri J. K. Rao, Under Secretary, Election Commission of India, New Delhi expressed his inability in providing information as, in his opinion, the information sought by the complainant amounted to seeking legal advice and requires interpretation of election laws, which is not covered within the meaning of "Information" as defined under Section 2(f) of the Right to Information Act, 2005. The CPIO, however, advised the complainant to refer to the provisions for qualifications and disqualifications for contesting elections to the Houses of Parliament and State Legislature given in Articles 84,102,173 &191 of India's Constitution and Secs. 3 to 10A of the Representation of the People Act, 1951. Being aggrieved with the response, the complainant again approached the CPIO through a letter dated 08.07.2008, which however is not a fresh application as it is accompanied with no fee. On getting no response Shri Digvijay Singh has approached this Commission.
1Because the 1st appellate authority has not addressed the questions of appellant, which are of direct concern to his public authority, and because the complainant has pleaded no ground for making a direct complaint before us, the Commission has decided to remand this complaint to first Appellate Authority, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi to dispose of the complaint of Shri Digvijay Singh within ten working days from the date of receipt of this decision notice treating this an appeal u/s 19(1), under intimation to Shri Pankaj Shreyaskar, Jt Registrar, Central Information Commission. If not satisfied with the information provided on his 1st appeal, complainant Shri Digvijay Singh will be free to move a 2nd appeal before us as per Sec 19 (3).
Announced this seventeenth day of 2009. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner) 17-12-2009 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.
(PK Shreyaskar) Jt. Registrar 17-12-2009 2