Central Information Commission
Nawalkishore Sharma vs Election Commission Of India on 22 September, 2016
CENTRAL INFORMATION COMMISSION
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi-110066
Decision No. CIC/CC/A/2015/003593/SB
Dated 30.08.2016
Appellant : Shri Nawal Kishore Sharma,
Vill Sitahari, PO. K.G.W.,
Sasani, Distt. Hathras,
U.P.-202 139.
Respondent : Central Public Information Officer,
Election Commission of India,
Nirvachan Sadan, Ashoka Road,
New Delhi-110 001.
Date of Hearing : 30.08.2016
Relevant dates emerging from the appeal:
RTI application filed on : 18.11.2014
CPIO's reply : 11.12.2014
FAA's order : 06.02.2015
Second appeal filed on : 09.04.2015
ORDER
1. Shri Nawal Kishore Sharma filed an application dated 18.11.2014 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Election Commission of India (ECI) seeking information on eighteen points regarding electoral process in Delhi, Haryana, Uttar Pradesh, Bihar and Rajasthan.
CIC/CC/A/2015/003593/SB Page 1
2. The appellant filed a second appeal dated 09.04.2015 before the Commission on the grounds that he has not been provided information on point nos.3,4 and 5 of the RTI application. The appellant further submitted that he has been provided misleading information.
Hearing:
3. The appellant Shri Nawal Kishore Sharma attended the hearing through video conferencing. The respondent Shri Ajoy Kumar, Under Secretary and CPIO, ECI was present in person.
4. The appellant submitted that information on point nos. 3, 4, 5, 8, 9, 10, 11 and 12 of his RTI application was not provided to him on the plea that the information was not held by the respondent. In that case, the appellant stated the RTI application could have been transferred to the Public Authority concerned under Section 6(3) of the RTI Act. The appellant further submitted that the CPIO has not furnished the names of President of all the political parties of India.
5. The officer respondent stated that information as available was provided to appellant vide letter dated 07.12.2014. As regards transfer of RTI application under Section 6(3) of the RTI Act, the respondent submitted that as per the DOPT's O.M. No. 10/2/2008-IR dated 12.06.2008, if "a person makes an application to a public authority for information, a part of which is available with that public authority and the rest of the information is scattered with more than one other public authorities. In such a case, the PIO of the public authority receiving the application should give information relating to it and advise the applicant to make separate applications to the concerned public authorities for obtaining information from them." Further, since the information is not related to any one particular public authority, it is not the case where application should be transferred under sub-section (3) of Section 6 of the Act. The respondent further submitted that they do not maintain the list CIC/CC/A/2015/003593/SB Page 2 of the names of the President of all political parties, numbering more than 1600, in a compiled form. Hence, the information sought was not provided to the appellant.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, directs the respondent authority to provide to the appellant the list of Presidents of all national political parties in India, within a period of four weeks from the date of receipt of a copy of this order.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer CIC/CC/A/2015/003593/SB Page 3