Thursday, January 21, 2021

EVM Information is even Under Act: CIC [Read Order]

EVM Information is even Under RTI Act: CIC [Read Order]

 

The Central Information Commission held “EVM” is an information under the Right to Information Act. CIC Sudhir Bhargava held thus in an RTI appeal filed by Razaak K Haidar, who had filed an RTI application before the CPIO, ECI, New Delhi, seeking an Electronic Voting Machine.
 
According to CIC, as per Section 2(f) and 2(i) of the RTI Act, the definition of ‘information’ and ‘record’ includes model or any sample. Hence, an EVM qualifies as ‘information’ and should be provided to him under Section 6(1) of the RTI Act.
 
Chief Information Commissioner Sudhir Bhargava order:

The EVM which is available with the respondent in a material form and also as samples, as admitted by the respondent during the hearing, is an information under the RTI Act. The Commission also notes that as per the respondent, the software installed in the EVM is an intellectual property of a third party, the disclosure of which would harm the competitive position of the third party concerned. However, the respondent had denied the information sought for, erroneously, under Section 6(1) of the RTI Act. The Commission, therefore, directs the respondent to provide an appropriate reply, as per the provisions of the RTI Act, to the appellant within four weeks from the date of receipt of a copy of this order under intimation to the Commission.

Read order: Click Here (LiveLaw)

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