CIC pulls up EC for not replying to RTI query on EVMs

News Excerpt:

The Central Information Commission (CIC) has expressed “severe displeasure” over the Election Commission (EC) not furnishing a reply to an RTI plea raising questions on the credibility of EVMs and VVPAT machines.

Background of the case:

  • Noted technical professionals and academicians, including retired IAS, IPS, and IFS officers, had written to the EC, posing serious questions about the credibility of EVMs and VVPAT machines.
  • An RTI was also filed that asked the EC about the action taken on a “representation” given to it by eminent citizens.
    • The representation raised similar questions on the credibility of EVMs and VVPAT machines.
    • Through the RTI application filed in November 2022, the applicant wanted to know about the persons and public authorities to whom the representation was forwarded, details of any meetings held on the issue and all relevant file notings.

EC’s response to the RTI:

  • The EC did not give any response to the applicant within the mandatory 30-day period.
    • The applicant's first appeal to senior officials was also not heard.

Central Information Commission’s directions:

  • The CIC termed the EC’s non-response as a “gross violation” of the law and directed it to furnish a written explanation for the violation.
  • The EC has also been asked to provide a point-wise response to the original Right to Information query within 30 days.

Central Information Commission (CIC): 

  • The Central Information Commission has been constituted effective from 12-10-2005 under the Right to Information Act, 2005. 
  • The jurisdiction of the Commission extends over all Central Public Authorities.
  • The Commission has certain powers and functions mentioned in Sections 18, 19, 20 and 25 of the RTI Act, 2005.
    • These broadly relate to adjudication in second appeal for giving information; direction for record keeping, suo motu disclosures receiving and enquiring into a complaint on inability to file RTI etc; imposition of penalties and Monitoring and Reporting including preparation of an Annual Report.

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