Central Information Commission
K. Gurunathan vs Ministry Of Law & Justice on 18 December, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमार्ग, मुनिरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/MOLAJ/A/2022/151105
Shri K Gurunathan ... अपीलकर्ता/Appellant
VERSUS/बनाम
PIO, ...प्रतिवादीगण /Respondent
Ministry of Law & Justice
Date of Hearing : 18.12.2023
Date of Decision : 18.12.2023
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 14.06.2022
PIO replied on : 07.07.2022
First Appeal filed on : 11.08.2022
First Appellate Order on : 21.09.2022
2 Appeal/complaint received on
nd
: 07.11.2022
Information soughtand background of the case:
The Appellant filed an online RTI application dated 14.06.2022 seeking the following information:-
"Good Morning Sir, had send petition about Election Reformation. I send through register post to joint secretary Ministry of Law and Justice on 18.12.2021. According to the above Post I need the following information's
1. I want an information of what action you have taken so far on the Petition regarding electoral reform that I have sent on 18.12.2021 through Post.
2. I want the details of which of the 18th requests in my petition were accepted rejected.
3. We need details of how many more years it will take to bring about electoral reform as time goes on.
4. I need details of what the Law and Justice has done so for regarding Election reform."Page 1 of 4
The CPIO/Deputy Secretary (OLW), Ministry of Law & Justice, vide letter dated 07.07.2022 replied as under:-
"Please refer to your application dated 4.6.2022) (received on 25.6.2022) on the subject mentioned above. In this regard, it is stated that your application dated 18.12.2021 is under examination of this Department. However, it is stated that the electoral reform is an ongoing and continuous process that involves a major policy decision in consultation with all the stakeholders in these matters. In this connection, the Government has been constantly receiving proposals for electoral reforms from various quarters, from time to time, including the Election Commission of India (the Election Commission) and hence, it could not be implemented within a rigid time frame. In the recent past, the Government after consultation with the Election Commission of India, has taken an initiative and implemented various electoral reforms by enacting the Election Laws (Amendment) Act, 2021. The said Act amended the Representation of the People Act, 1950 and the Representation of the People Act, 1951, which inter alia, provides for the certain electoral reforms, namely-Linking electoral roll data with Aadhaar, Qualifying date of enrolment in electoral roll, Requisitioning of premises for election purposes and Gender-neutral provisions."
Dissatisfied with the response received from the CPIO, The Appellant filed a First Appeal dated 11.08.2022. The FAA/Additional Secretary, Ministry of Law & Justice, vide order dated 21.09.2022 stated as under:-
"That the available information with the Legislative Department has already been provided to the appellant within the time frame. However, the CPIO, Legislative Department is directed to send a point wise information/reply to the appellant within seven days from the date of issue of this order."
In compliance with the order of FAA, the PIO has furnished reply vide letter dated 14.10.2022 as under :
1 & 2: In this regard, it is mentioned that the application dated 18.12.2021 is under examination of this. Department. Further, it is stated that since the aforesaid application is under examination, the question regarding accepting or rejecting the request does not arise.
3. In this connection, it is stated that the electoral reform is an ongoing and continuous process that involves a major policy decision in Page 2 of 4 consultation with all the stakeholders in these matters. Further, the Government has been constantly receiving proposals for electoral reforms from various quarters from time to time including the Election Commission of India and hence, it could not be implemented within a rigid time frame.
4. In this context, it is stated that in the recent past, the Government after consultation with the Election Commission of India, has taken an initiative and implemented various electoral reforms by enacting the Election Laws (Amendment) Act, 2021. The said Act 1951, which inter alia provides for the certain electoral reforms, namely-Linking electoral roll data with Adhar. Qualifying date of enrolment in electoral roll, Requisitioning of premises for election purposes and Gender-neutral provisions.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the CAPIO and Section Officer, Legislative Department, M/o law and Justice vide letter dated 14.12.2023 wherein it was stated that the order of the FAA was compiled vide letter dated 14.10.2022.
Facts emerging in Course of Hearing:
Appellant: Present via phone Respondent: Mr. Navneet Kumar, SO/CAPIO, Legislative Department.
The Appellant stated that relevant information has not been furnished to him till date. He stated that he had sent a petition regarding Election Reforms, but action taken on aforesaid petition has not been furnished to him.
The Respondent reiterated the averments made in their written submission and stated that the Appellant had sought information relating to his petition regarding Election Reforms. He submitted that a point-wise reply has been duly furnished to the Appellant in compliance of order of FAA. He apprised the Commission that the application dated 18.12.2021 is still under examination of Department. He further stated that the Government after consultation with the Election Commission of India has implemented various electoral reforms by enacting the Election Laws (Amendment) Act, 2021.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.Page 3 of 4
Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the custodian of information. 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 (हीरालालसामरिया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रति) S. K. Chitkara (एस. के . चिटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4