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Thursday, November 30, 2023
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Disciplinary action against EC for violation of CIC orders

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It refers to completely senseless RTI-response subsequently endorsed by First Appellate Authority at Election Commission wherein it was held that political parties are purview of RTI Act. Central Information Commission (CIC) and not Election Commission is the authority to decide any body to be a public-authority under RTI Act. CIC in its full-bench decision dated June 03,2013, followed by another full-bench CIC-verdict has already declared six political parties to be under RTI Act. Neither any of the two CIC-verdicts have not been challenged in courts by any of the concerned political party, nor legislation has been amended to make political parties outside purview of RTI Act even though a writ by the concerned RTI applicants is pending at Supreme Court to ensure a compliance of CIC-verdicts bringing political parties under RTI Act. As such technically CIC-verdicts declaring six national political parties under RTI Act stands because no court has given any stay-order against the CIC-verdicts.

It is for CIC to take immediate sue-motto cognisance of absolutely senseless dictates holding political parties not under RTI Act. CIC is national watchdog to ensure that public-authorities do not unjustifiably go against its verdicts. It is like information delayed as information denied if CIC waits the appellant to approach CIC against absolutely wrong, unlawful and senseless orders of Election Commission which has crossed its limitations through such RTI response followed by order of First Appellate Authority of Election Commission. CIC can even impose penalty and recommend disciplinary action against concerned at Election Commission for blunt violation of CIC-orders.

Subhash Chandra Agrawal

(The views expressed by the author in the article are his/her own.)

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