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18. The CIC has, however, relied upon Section 22 of the RTI Act to hold that the REP Act and the Election Rules framed there under have to give way to the over-riding provision and the non-obstante clause in the RTI Act. Section 22 of the RTI Act reads as under:-

"22. Act to have overriding effect.-The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act."

19. REP Act is prior in point of time and in case of conflict with any provision of the RTI Act, the latter Act will prevail. Further the Rules WPC No.4715/2008 Page 14 framed under the REP Act are subordinate legislation and in case of conflict between the provisions of the said Rules and the RTI Act, the RTI Act will hold the field and has to be applied. However, Section 22 of the RTI Act is triggered and is applicable if there is a conflict between REP Act, the Election Rules and the RTI Act. Albeit, where there is no conflict between the two statutory enactments, Section 22 of the RTI Act is not applicable.

25. When information is accessible to a public authority and is held or under its control, then the information must be furnished to the information seeker under the RTI Act, even if there are conditions or prohibitions under another statute already in force or under the Official Secrets Act that restricts or prohibits access to information to WPC No.4715/2008 Page 18 public. Prohibition or conditions which prevent a citizen from having access to information in view of the non obstante clause in Section 22 of the RTI Act do not apply. Restriction on rights of citizens is erased. However, when access to information by a public authority itself is prohibited or is accessible subject to conditions, then the prohibition is not obliterated and the pre-conditions are not erased. Section 22 of the RTI Act is a key which unlocks prohibitions/limitations in any prior enactment on right of a citizen to access information accessible to a public authority. It is not a key with the public authority that can be used to undo and erase prohibitions/limitations on the right of public authority to access information.

29. On legal interpretation of Section 2(j) of the RTI Act, information must be accessible and held by or under the control of any public authority. If this plea of the respondent no.2 is to be accepted then no distinction can be made between queries relating to information accessible to a public authority and information which is not accessible to a public authority or accessible on satisfaction of pre- conditions. Further, all information including confidential information WPC No.4715/2008 Page 22 relating to voting will be covered by the Right to Information and over written in view of Section 22 of the RTI Act (whether the said queries are exempted under Section 8(1) of the RTI Act is a separate aspect). Lastly, it is not as if an aggrieved party is remediless. In case a election petition has been filed, the competent court can always direct furnishing of information on being satisfied that the parameters specified by the Supreme Court for furnishing of information and re- examination of data stored in the EVMs are met.