In which election related activities can the school teachers be deployed?

Background

The appellant sought a number of information regarding the deployment of teachers in election related duties consequent upon the decision by the Supreme Court of India in this regard. The Public Information Officer (PIO) provided some information while holding that the Election Commission did not have any information in any material form in regard to the remaining queries. The First Appellate Authority (FAA) directed the PIO to provide some additional information. The copies of the relevant documents reached the appellant more than a year after the FAA had passed his orders i.e. only after the Central Information Commission (CIC) notice for hearing reached the Election Commission. During the hearing, the respondents submitted that the delay was caused because the order of the FAA did not reach the PIO at all and that he came to know about this only after the CIC notice reached the Election Commission. The appellant also submitted that the documents sent by the Election Commission did not specify the categories of election related activities in which the school teachers could be deployed on a fulltime basis. The respondents explained that the PIO had forwarded all available instructions of the Election Commission in this regard and there was nothing more that could be provided.

View of CIC

While accepting the explanation given by the respondents for delay in furnishing the information, the Commission noted that in the matters of RTI requests, such lapses should not take place in future. The Commission rejected the appeal observing that clear instructions had been sent to the Chief Electoral Officers of the States specifying the activities for which the services of the teachers should be utilized. However, if in any State, the authorities are deploying teachers to perform duties other than specified by the Election Commission of India, this should be taken up locally with the respective State authorities and that the PIO of the Election Commission of India cannot be expected to explain for the conduct of State level authorities.

Citation: Shri Satya Narayan Prasad v. Election Commission of India in File No.CIC/SM/A/2011/000953

Background

The appellant sought a number of information regarding the deployment of teachers in election related duties consequent upon the decision by the Supreme Court of India in this regard. The Public Information Officer (PIO) provided some information while holding that the Election Commission did not have any information in any material form in regard to the remaining queries. The First Appellate Authority (FAA) directed the PIO to provide some additional information. The copies of the relevant documents reached the appellant more than a year after the FAA had passed his orders i.e. only after the Central Information Commission (CIC) notice for hearing reached the Election Commission. During the hearing, the respondents submitted that the delay was caused because the order of the FAA did not reach the PIO at all and that he came to know about this only after the CIC notice reached the Election Commission. The appellant also submitted that the documents sent by the Election Commission did not specify the categories of election related activities in which the school teachers could be deployed on a fulltime basis. The respondents explained that the PIO had forwarded all available instructions of the Election Commission in this regard and there was nothing more that could be provided.

View of CIC

While accepting the explanation given by the respondents for delay in furnishing the information, the Commission noted that in the matters of RTI requests, such lapses should not take place in future. The Commission rejected the appeal observing that clear instructions had been sent to the Chief Electoral Officers of the States specifying the activities for which the services of the teachers should be utilized. However, if in any State, the authorities are deploying teachers to perform duties other than specified by the Election Commission of India, this should be taken up locally with the respective State authorities and that the PIO of the Election Commission of India cannot be expected to explain for the conduct of State level authorities.

Citation: Shri Satya Narayan Prasad v. Election Commission of India in File No.CIC/SM/A/2011/000953