Introduction:

The Central Information Commission (CIC) recently rebuked the Election Commission of India (ECI) for its failure to respond to a Right to Information (RTI) Act request regarding Electronic Voting Machines (EVMs) for over a year. The RTI inquiry sought information on the actions taken by the ECI in response to concerns raised about the credibility of EVMs and VVPAT machines in elections.

Arguments:

Former Indian Administrative Service (IAS) officer M G Devasahayam filed the RTI application seeking details about the actions taken regarding the representation on EVM credibility. The Chief Public Information Officer (CPIO) failed to provide the requested information, leading Devasahayam to file a First Appeal, which remained unaddressed by the First Appellate Authority (FAA). Feeling aggrieved, Devasahayam approached the CIC with a Second Appeal, highlighting the lack of response and dissatisfaction with the EC’s handling of the matter.

The Authorized Representative of the Appellant, Ms. Amrita Johri, emphasized the non-receipt of pertinent information and the failure of the EC to address the First Appeal. The EC contended that they had not received the RTI application, but committed to providing a detailed response within 30 days.

Court’s Judgement:

The CIC expressed severe displeasure over the conduct of the then PIO for not providing any reply within the stipulated time frame, instructing the EC to furnish a written explanation for the violation. The CIC directed the concerned PIO to examine the RTI application, provide a point-wise reply to the appellant, and ensure compliance within 30 days.