Action to be taken against a member belonging to Hindu Community (including Rajya Sabha members) having more than one spouse - CIC: laws governing the marriage in Hindu Community are already in public domain, appeal dismissed
1. The appellant is present for the hearing. The present order is in continuation of interim order dated 22.8.2013 wherein Election Commission and Rajya Sabha was also directed to be present for the hearing. The respondent is being represented through Shri M.K Khan (Director & CPIO, Rajya Sabha Secretariat), Shri Sanjeev Chandra (Joint Director, Rajya Sabha Secretariat), Shri Vinay Shankar Singh (Joint Director & CPIO, Rajya Sabha Secretariat), Shri Dilip K Varma (Under Secretary & CPIO, Election Commission), Shri J.P Agarwal (Jt Secretary, MHA) & Shri Rakesh Jhingam (Under Secretary, MHA).
2. In the said interim order dated 22.8.2013, following directions were issued:
“3. During the hearing the appellant presses for information at point no. (14) which is “complete and detailed information on action to be taken against a member belonging to Hindu Community having more than one spouse against provisions as laid down in law (bigamy).”
The appellant has sought the complete and detailed information together with related document/file-notings/correspondence etc. on this aspect. The appellant submits that the information sought pertains to eligibility criteria and hence should be provided. 4. The Commission is of the view that it will be necessary to identify the holder of the information or the department which maintains such information before passing appropriate directions. Therefore, the CPIO, Election Commission, Rajya Sabha and MHA shall be present for the next date of hearing to apprise the Commission on this issue.”
3. In the present appeal the appellant has sought information in context of the the Rajya Sabha Member/s. The appellant is contesting information at point no. (14) & (15) of his RTI application being reproduced below, however, with regard to point (15) the appellant has restricted himself with respect to point (14) only.
“14. Complete and detailed information on action to be taken against a member belonging to Hindu Community having more than one spouse against provisions as laid down in law (bigamy).
15. Complete and detailed information on action taken, if ever for which for which details may be available, on any Rajya Sabha member being found guilty for violation of any of the norms as referred in queries (1) to (14) above.
4. The respondents submit during the hearing that the qualification and disqualification laws with respect to Member of Parliament is already in public domain and further more that action is taken only when an offence is made out as per law governing the nation.
5. From the submissions made by the respondents, the Commission is of the view that the laws governing the marriage in Hindu Community, or laws/regulations concerning Rajya Sabha Members is already in public domain. Hence, no further directions need to be issued. The appeal is disposed off accordingly.
Citation: Subhash Chandra Aggarwal v. Ministry of Home Affairs in Case No. CIC/SS/A/2012/003218