HC stays order holding EVMs as information under RTI


New Delhi, Mar 19 (IANS): The Delhi High Court has stayed a Central Information Commission (CIC) order which held that electronic voting machines (EVMs) come within the definition of 'information' under the provisions of the Right to Information (RTI) Act.

The court was hearing a plea on Monday filed by the Election Commission challenging a CIC order dated February 12 which held that EVMs are within the definition of "information" under Section 2 (f) of the Right to Information (RTI) Act of 2005.

Justice V. Kameswar Rao has sought a response from the CIC and RTI applicant Razaak K Haidar, who had sought access to information related to EVMs maintained by the poll panel.

Haidar's application was rejected by the Central Public Information Officer after which Haider filed an appeal with the CIC.

Representing the EC, advocates Sandeep Sethi and Sidhant Kumar told the court that an EVM does not fall under the scope of the RTI Act.

The EC in its plea said that the CIC order is arbitrary and contrary.

The counsel said that the EC is a specialized body established under the Constitution of India and it has been entrusted with the superintendence, direction and control of elections.

It employs EVMs for recording votes in accordance with the law, the EC said.

The poll panel added that EVMs are maintained and utilized in conducting elections all over the country in accordance with the law and a small number of EVMs are used for the purpose of training election officials and for awareness programmes.

It said it does not maintain any EVM in sample or model form.

  

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Comment on this article

  • Nagesh Pai, Mangalore

    Tue, Mar 19 2019

    This is a democratic country and every citizen has a right to information any thing related to the decision making process of the country. EC can not implements its own self satisfying rules and laws it should be in compliance with constitution. As per CIC order EC should give all the information about EVMs operational, technical and transparency. Earlier EC gave limited and time bound permission to demonstrate EVMs tampering which is just an eye wash for media to prove EVMs are tamper proof. This guilty attempt by EC has exposed EVMs completely tamper able.

    DisAgree Agree [13] Reply Report Abuse

  • Roshan, Mangaluru

    Tue, Mar 19 2019

    There is no necessity for EC to provide specification of EVM. It is for the EC to buy whatever they want and however they want.

    But, EC must provide details of how many EVMs they have in workable condition and how many they assigned in each poll assignment by territory. Also at the same time, they should have an open counter for anyone to try and check, at any time, where the machine can be randomly selected and checked. Should it does not work or has issues of incorrect details, then heads must roll within EC, with heavy penalties including jail term.

    DisAgree [1] Agree [11] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Mar 19 2019

    Transparency is the need of the Hour ...

    DisAgree Agree [10] Reply Report Abuse

  • Navin Shetty, Manipal/ Bahrain

    Tue, Mar 19 2019

    Complettly agree, but such access will lead to disasters. Tomorrow someone will go and say I don’t trust my bank’s security, so give me access to your core banking systems and clusters so I could login and see how secure it is. RTI become joke these days.

    DisAgree [12] Agree Reply Report Abuse

  • Rathan Shetty, Mangalore

    Tue, Mar 19 2019

    Don't mix banking and voting. Voting is a fundamental constitutionally protected right, whereas banking is privilege and convenience and for rich people of BJP. So stop tampering with people's rights. BTW, for any loss of funds to bank customers for any genuine reason bank is fully insured to reimburse the customers.

    DisAgree Agree [9] Reply Report Abuse


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Title: HC stays order holding EVMs as information under RTI



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