ELECTION COMMISSION OF INDIA Vs. CENTRAL INFORMATION COMMISSION

JUDGEMENT

(1.) THE Election Commission of India (Election Commission for short) has filed the present Writ Petition against the Order dated 6th june, 2008 passed by the Central Information Commission (hereinafter referred to as CIC, for short) directing disclosure of the following information to Shri Neelesh Mishra- respondent no. 2 herein under the Right to Information Act, 2005 (hereinafter referred to as rti Act, for short) :-

(2.) IT is the contention of the petitioner that the aforesaid information cannot be made available to respondent no. 2, as it is not held by or under control of the Election Commission as per the provisions of the Representation of Peoples Act, 1951 (hereinafter referred to as REP Act, for short) and Conduct of election Rules, 1961 (hereinafter referred to as Election Rules, for short ). It is submitted by the petitioner that there is no conflict between the provisions of the REP Act, the Election Rules and the provisions of the RTI Act, therefore, the CIC has erred in directing disclosure of information sought by respondent no. 2.

(3.) IN 1989, the REP Act was amended to authorize use of electronic Voting Machines (hereinafter referred to as EVMs, for short) for polling and counting of votes. In the year 1992, the Election rules were amended to incorporate provisions for EVMs.