CIC asks EC to provide information on EVMs

June 10, 2008

NEW DELHI, JUN 9 (PTI) OUTLOOK INDIA

The Central Information Commission has held that the information held

by the Election Commission (EC) are subject to be disclosed under the

Right to Information (RTI) Act.

In a ruling, it said that information being under the custody of the

district election office would amount to being held by or under the

control of public authority and would become subject to the RTI Act.

The apex transparency panel directed the EC to provide information to

an RTI applicant on Electronic Voting Machines (EVMs) used during

legislative assembly elections in Ukhrul district of Manipur last

year.

"We direct that the information sought may be released from the

custody of district election officer under orders of the EC...And

provide the confirmation (to the applicant) within 30 days," Chief

Information Commissioner Wajahat Habibullah said.

The Commission's order came on an RTI plea of Delhi resident Neelesh

Mishra, who had sought information related to EVMs (date and time,

votes polled, vote tally etc) used during the elections in Ukhrul

district on February 8 last year.

The EC had taken a stand that the material contained in the EVMs was

not under its control and its access was controlled by the competent

court (High Court) under the election rules.

"The details of the EVMs are not available with the EC but with the

district election office (DEC) to whom the matter was transferred,"

the EC's counsel submitted during the hearings on the matter.

The CIC, rejecting the plea, said, the EC will issue directions to

provide the information related to confirmation on the total number of

EVMs allocated to each constituency, including the spare EVMs, and

others to the appellant.

Recommended Posts