About:
- The Commission was hearing the appeal of an RTI applicant who had asked the Election Commission for an EVM but was denied.
- The CIC ruled that “the EVM which is available with the ECI in a material form and also as samples is an information under the RTI Act.”
- The definition of information under Section 2(f) of the RTI Act includes “any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form…”
- The CIC upheld applicant Razaak K. Haidar’s contention that the terms “models” and “samples” should apply to an EVM.
Counter arguments by ECI:
- ECI Under-Secretary Soumyajit Ghosh admitted that “models/samples of EVM are available with the ECI, but they are only kept for training purpose and not saleable to the general public.”
- He also argued that the information was exempted from disclosure under Section 8(1)(d) of the RTI Act as “the software installed in the machines is an intellectual property of a third party, the disclosure of which would harm the competitive position of the third party concerned.”
- Way ahead: CIC directed the ECI to file an appropriate response to the appellant within four weeks.
