Delhi HC stays CIC order declaring Electronic Voting Machines as ‘information’ under RTI Act

The Delhi High Court today stayed an order passed by the Central Information Commission (CIC) declaring that Electronic Voting Machines (EVMs) come within the definition of “information” under Section 2(f) of the Right to Information Act, 2005..The order was passed by a Single Judge Bench of Justice V Kameswar Rao in the Election Commission’s plea against the order. The Court has also issued notice to the CIC and the RTI applicant in the plea..One Razaak K Haidar had moved an application under the RTI Act seeking access to an EVM maintained by the Election Commission. This application was, however, rejected by the Central Public Information Officer. In the appeal, the Appellate Authority reiterated that EVMs were not information in terms of Section 6(1) of the RTI Act..Aggrieved by the orders, Haidar preferred an appeal under Section 19(3) of the RTI Act before the CIC, which held that EVMs come within the ambit of the definition of “information” and are therefore subject to the RTI Act..In its petition filed before the High Court through Advocate Siddhant Kumar, the Election Commission has assailed the finding that EVM comes within the definition of information under the RTI Act. It has contended that the conclusion is erroneous since the list of items included in the definition as per Section 2(f) of the RTI Act ought to be read ejusdem generis..The Election Commission has submitted that the CIC failed to consider that no samples or models of EVMs were maintained by it in terms of Section 2(f) of the RTI Act, as EVMs are used solely for the conduct of elections or for the purposes of training and awareness..Also relying on its plenary powers under Article 324 of the Constitution in matters relating to the conduct of elections, the Election Commission further argued that the CIC failed to consider the settled principle of law that deference is owed to an expert body in matters of its expertise..In the present case, the conduct of elections, of which the EVM is an integral part as per the Representation of People Act and the Conduct of Election Rules, is the expertise of the Election Commission, the petition further states..Additionally, the CIC order is also challenged on the ground of violation of the principles of natural justice as it allegedly failed to provide any cogent reasons in support of the findings through a speaking order..The Election Commission was represented in the Delhi High Court by Senior Advocate Sandeep Sethi..Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.