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Central Information Commission

S Sridharan vs Election Commission Of India on 28 September, 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/2021/130345

Shri S Sridharan                                             ...   अपीलकता /Appellant
                                  VERSUS/बनाम

PIO                                                    ...   ितवादीगण /Respondent
Election Commission of India
Date of Hearing                      :    27.09.2022
Date of Decision                     :    28.09.2022
Chief Information Commissioner       :    Shri Y. K. Sinha

Relevant facts emerging from appeal:

RTI application filed on              :   12.04.2021
PIO replied on                        :   -
First Appeal filed on                 :   22.05.2021
First Appellate Order on              :   -
2ndAppeal/complaint received on       :   29.07.2021

Information sought

and background of the case:

The Appellant filed an RTI application dated 12.04.2021 seeking information on the following:-

Having not received a response from the CPIO, the Appellant filed a First Appeal dated 22.05.2021 which was not adjudicated by the First Appellate Authority as per available records.

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 the FAA cum Sr Pr Secretary, ECI, New Delhi dated 15.09.2022 wherein it as stated that vide letter dated 23.04.2021, the CPIO had informed the Appellant that the application fee by way of court fee is not a proper mode of payment of application. No first appeal against this reply was received by them. However, in the written submission it was conveyed that the number of NOTA votes polled in 2019 PC election in Tamil Nadu was 550577. Point no 3 and 4 were in the nature of clarification/ query not falling within the definition of information u/s 2 (f).

The Appellant participated in the hearing through video conference. He acknowledged the receipt of the written submission from the Respondent and argued that points 2, 3 and 4 remains unaddressed till date.

The Respondent represented by Shri T.C. Kom, Secretary participated in the hearing through video conference. He referred to the written submission dated 15.09.2022 and stated that the reply to point no 1 answers point no 2 as well. Regarding points 3 and 4 he stated that the query was interpretative and clarificatory in nature falling beyond the purview of the definition of information as per Section 2 (f) of the RTI Act, 2005.

Decision:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Hence, no further intervention of the Commission is required in the instant matter. For redressal of his grievance, the Appellant is advised to approach an appropriate forum.

With the above observation, the instant Second Appeal stands disposed off accordingly.

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 2 of 2