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Central Information Commission

Ashok Kumar vs Election Commission Of India on 15 November, 2022

                                  के   ीय सूचना आयोग
                         Central Information Commission
                              बाबा गंगनाथ माग, मुिनरका
                         Baba Gangnath Marg, Munirka
                          नई द ली,
                                ली New Delhi - 110067

 ि तीय अपील सं या / Second Appeal No. CIC/ECOMM/A/2021/135804

Shri Ashok Kumar                                             ... अपीलकता /Appellant
                                  VERSUS/बनाम

PIO, Election Commission of India, New Delhi           ... ितवादीगण /Respondent
Through: Ms. Shilpi Srivastava - US,
Shri Birendra Kumar - ASO

Date of Hearing                      :    14.11.2022
Date of Decision                     :    15.11.2022
Chief Information Commissioner       :    Shri Y. K. Sinha

 Relevant facts emerging from appeal:

RTI application filed on              :   04.05.2021
PIO replied on                        :   11.06.2021
First Appeal filed on                 :   29.06.2021
First Appellate Order on              :   11.08.2021
2ndAppeal/complaint received on       :   03.09.2021

 Information sought

and background of the case:

The Appellant filed an RTI application dated 04.05.2021 seeking duly attested form about steps taken by the ECI about necessary provision in the ballot papers/EVM.VVPATs, for anther voting option/button called "All of the below alike"(AOBA) and about NOTA.

The PIO/Secretary, ECI vide letter dated 11.06.2021 replied as under:-

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 29.06.2021. The FAA/Sr. Principal Secretary, Secretariat of the ECI vide order dated 11.08.2021 held as under:-

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission has been received from CPIO/Under Secretary, ECI vide letter dated 04.11.2022, reiterating the above facts.

Hearing is held through video conference upon serving notice of hearing in advance to both parties. Both parties are heard through video conference and reiterated their respective contentions.

Decision:

Perusal of the records of the case reveals that information as defined under Section 2(f) of the RTI Act and available on records has been duly provided by the PIO, well within the mandated time frame. The Commission finds no legal infirmity with the response furnished by the Respondent.

In the given circumstances, since the information held by the Respondent stands disseminated, no further cause of action subsists under the RTI Act.

Hence the appeal is disposed off as such.

Y. K. Sinha (वाई.

वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3