First Appeal against
Electoral Office for calling
for Inspection when this right
is NOT exercised &
malafidely denial of information
under Right to Information Act 2005
To Dated 22/09/2016
First Appellate Authority,
District Election Officer / D.M. (North),
Govt of N.C.T. of Delhi, 1, Kripa Narain Marg, Civil Lines,
New Delhi-110054
Sub:- First Appeal u/s 19(1) of RTI Act 2005
wrt reference number:- No.F.1/AERO/AC-17/2016/2134 Dated 21/09/2016
Respected Sir,
FACTS:
I have filed RTI application dated 16.08.2016 for which reply was provided to me videreference number:- No.F.1/AERO/AC-17/2016/2134 Dated 21/09/2016
In my RTI I told them that, I checked Electoral Roll, 2014 of Assembly Constituency, 14 - RANI BAGH, (GEN) NCT of Delhi with the Qualifying Date 01-01-2016. On page 37 there is aList of Additions. (Annexed for the kind perusal of this Hon’ble Public Information Officer). It is requested that following information may kindly be supplied under RTI Act 2005 as per your records :-
At point no.3 of my RTI (annexed for perusal) I asked “Kindly supply the certified copy of all the documents submitted by all these people within this list of additions to the voter list”
I received the reply vide above reference number:- No.F.1/AERO/AC-17/2016/2134 Dated 21/09/2016 that ”the applicant is advised to visit the AC and inspect the record personally on any working day convenient to him”
It means the PIO decided the said application in terms of Sec-7(1) and decided to supply the information to me. Accordingly I have been called for inspection. However, on 22.09.2016 I visited AC to inspect the records based on which the said addition of 12 names (annexed for perusal) in voter’s list was done but these were not produced before me, though the PIO had taken the decision to supply the same to me during inspection.
GROUNDS:
That I have not asked for inspection, but sought certified copy of all the documents submitted by all these people within this list of additions to the voter’s list (list of these 12 additions have been annexed for perusal) by exercising the right as contained in Section-2(j)(ii), whereas PIO called me for inspection (as provided in Sec-2(j)(i), which right to information I have not invoked or demanded from PIO.
PIO did not supply copy of information demanded by me vide my application dated 16.08.2016. PIO also did not produce the relevant records containing the documents pertaining to addition of 12 persons name in voter's list during inspection. (Annexed for your kind perusal)
Thus, PIO malafidely denied me information under the guise of offering inspection and physically not produced the relevant public records before me for inspection. Thus, PIO denied the information to me without recording any reasons for such denial as also without any justified reason.
Since the names were newly added in the voter's list, such action by the public authority is based on relevant documents & records and the PIO malafidely denied those documents without any justified reason. Public authority totally failed to supply the information sought by me within 30 days form the date of submission of RTI application, render the public authority to supply me information free of cost.
PRAYER:
(1) This Hon'ble Appellate Authority may therefore be pleased to direct the PIO to supply me the certified copy of all the documents submitted by all these 12 people to get their names added in the voter’s list as demanded by me vide point no.3 of my RTI Application dated 16.08.2016, free of cost within 10 days from the date of decision of this appeal. (annexed for perusal)
(2) Action & Penalty against erring PIO as per section 20 of RTI Rules’2005
Enclosed:-
(1) RTI Application by me dated 16.08.2016
(2) List of Additions as discussed above.
(3) Reply by PIO vide reference number:- No.F.1/AERO/AC-17/2016/2134 Dated 21/09/2016
(ATUR CHATUR)
C/o Q-7/77, GF, Sector-30, Rohini, Delhi-110085
Email: aturchatur@yahoo.com
Phone: 09873540498
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