PIO: Information pertained to Model Code of Conduct; As the complaint was received after completion of Delhi Legislative Assembly, no action was required to be taken - CIC accepted the explanation for violation of the RTI Act and issued warning for future
31 Mar, 2023O R D E R
The above Second Appeal of the Appellant, Shri Arvind Mishra, was disposed off by the Commission on 25.05.2021 with the direction to Shri Ajoy Mishra, Secretary, Election Commission of India and Shri Lalit Mittal, Nodal CPIO, RTI, O/o the Chief Electoral Officer, Delhi to explain as to why penal action should not be initiated against them for not providing information to the Appellant. Shri Mishra and Shri Mittal were also directed to furnish the latest status of the action taken on the complaint to the Appellant under intimation to the Commission.
2. The Respondents have replied to the show-cause notice, and the matter is being considered by the Commission by way of this Order.
Decision:
3. In reply, Shri Ajoy Mishra, Secretary, Election Commission of India vide letter dated 19.07.2021 has stated that a complaint of the Appellant was received on 20.02.2015 against Imam of Jama Masjid, Delhi. This complaint was received after the date of completion of General Election, 2015 and after issue of due constitution notification for the new House of the Legislative Assembly of NCT of Delhi. However, a copy of the Complaint was forwarded on 12.03.2015 to the Chief Electoral Officer, NCT of Delhi for appropriate action. The Appellant filed a RTI application dated 04.02.2019 after a lapse of four years from the date of the receipt of said complaint. The Appellant was informed vide letter dated 07.03.2019 that his complaint was forwarded to the Chief Electoral Officer on 12.03.2015. Shri Ajoy Mishra, Secretary, Election Commission of India has further stated that SDM (Election), Central District vide letter dated 07.07.2021 has informed that the concerned file relating to the Complaint of the Appellant is not readily traceable in their office. In this regard, FIR has been lodged with PS, Darya Ganj.
4. Shri Ajoy Mishra, Secretary, Election Commission of India has also stated that latest status of the Complaint dated 20.02.2015 as available in the Election Commission of India has been provided to the Appellant vide letter dated 12.03.2019 by the then PIO. He has requested that show cause proceeding against him may be dropped and penal action may not be taken against him.
5. Shri Lalit Mittal, CPIO/Election Officer (RTI), O/o Chief Electoral Officer, NCT of Delhi vide letter dated 12.07.2021 has furnished the information to the Appellant intimating him that his complaint relating to Delhi Assembly Election 2015 was forwarded to the District Election Officer, District Central vide letter dated 07.04.2015. In this regard, copies of letters dated 07.07.2021 of District Central and dated 09.07.2021 of COE Branch, O/o Chief Electoral Officer, NCT of Delhi along with enclosures have been furnished to the Appellant vide letter dated 12.07.2021. The Election Officer(COE) vide aforesaid letter dated 09.07.2021 intimated Shri Arvind Mishra that the information sought by the Appellant pertained to Model Code of Conduct during election period which comes into the force after announcement of election by the Election Commission of India and ceases after completion of the Election. The complaint of Shri Arvind Mishra was received after completion of Delhi Legislative Assembly 2015. As such, no action was required to be taken on the complaint dated 19.02.2015.
6. In view of the above explanation, the submissions of the Shri Ajoy Mishra, Secretary, Election Commission of India and Shri Lalit Mittal, CPIO/Election Officer (RTI), O/o Chief Electoral Officer, NCT of Delhi are accepted and the violation of the RTI Act condoned on this occasion. Hence, the show cause proceedings against them are hereby dropped. However, the Respondents are warned that such lapses in future will attract necessary penal action as per the RTI Act, 2005.
7. With the above observations, the show cause proceeding stands dropped.
8. Copy of the order be given to the parties free of cost.
Y. K. Sinha
Chief Information Commissioner
Citation: Shri Arvind Mishra v. Election Commission of India, Second Appeal No. CIC/ECOMM/A/2019/131958; 15.03.2023