Political gatherings are out of the domain of the RTI Act, the Election Commission has said in a request which is in opposition to the Central Information Commission’s mandate bringing six national gatherings under the straightforwardness law.
The survey board proclamation, which may turn out to be questionable, came while choosing the interest of a RTI candidate looking to know gifts gathered by six national gatherings who were brought under the ambit of the straightforwardness law by the CIC in June 2013.
“Essential data isn’t accessible in the Commission. This is identified with political gatherings and they are out of domain of the RTI. They may submit data of gift/sum gathered through by Electoral bonds in their commitment report for the budgetary year 2017-18 in the ECI for which the due date is September 30, 2018,” the interest arrange refering to remark of the Central Public Information Officer has said.
Pune-based Vihar Dhurve had looked to know through RTI the points of interest of gifts gathered by the six national gatherings — the BJP, Congress, BSP, NCP, CPI and CPM — and the Samajwadi Party through recently presented appointive bonds.
The First Appellate Authority in the Election Commission K F Wilfred, the Senior Principal Secretary in survey board, wrote in the request that he concurs with the view taken by the CPIO.
Six out of seven political gatherings — the BJP, Congress, BSP, NCP, CPI and CPM — for which data was looked for by the candidate were brought under the ambit of the RTI Act by a full seat of the commission on June 3, 2013.
The request has not been tested in the higher courts but rather the political gatherings have declined to engage the RTI applications coordinated at them. A few activists have moved toward the Supreme Court on the grounds of resistance of the CIC arrange and the issue is pending.
With regards to the RTI Act, the Central Information Commission is the main re-appraising expert which may proclaim a body as open specialist on the off chance that it is persuaded that the association fits into the criteria for being under the Right to Information Act.
“At the point when the Central Information Commission hosts proclaimed six national political gatherings as open expert, the Election Commission can’t take a position in opposition to that unless the request of the CIC has been upset by the Supreme Court or High Courts. The request of EC has no legitimacy,” previous Chief Information Commissioner A Tiwari told PTI.
Venkatesh Nayak, a prominent dissident on RTI matters, said general society data officer of the decision commission has surpassed his points of confinement in giving this request.
“The June 2013 request of the CIC bringing six national political gatherings under the RTI Act stays in drive regardless of whether the political gatherings don’t obey it. It has not been stayed or put aside by any court. In this way, to the extent national political gatherings are concerned they are soundly secured under the RTI Act,” Nayak said.
He included that all the data about state and national gatherings fall under the RTI Act which is held by the Election Commission of India and the CPIO will undoubtedly make exposure about them as opposed to taking position that these political gatherings are out of domain of the RTI Act.
At the point when reached over telephone about the disputable articulation in the request, Wilfred said he implied that not every single political gathering are secured under the RTI Act.
Yet, when asked that the RTI bid related to the six political gatherings which are under the RTI Act, according to the CIC arrange, he didn’t give any clarification but to state that the DoPT has issued a request that when a RTI supplication relates to different open experts, it isn’t mandatory to exchange the inquiry to them.
Be that as it may, the request marked by him doesn’t say this.
He had, be that as it may, exchanged an inquiry identified with meeting held with political gatherings on the issue of constituent bonds to the Finance Ministry.