“Gross Violation”: CIC Rebukes Election Commission For Not Responding To RTI Inquiry On EVMs

Describing it as a “gross violation” of the law, the Central Information Commission (CIC) has taken a firm stance against the Election Commission of India (ECI) for its failure to respond to a Right to Information (RTI) Act request regarding concerns over Electronic Voting Machines (EVMs) for over a year. In a recent order, the CIC expressed “severe displeasure” over this delay.

Former IAS officer M. G. Devasahayam, among the many signatories raising concerns, filed an RTI application on November 22, 2022. The RTI inquiry sought information about the actions taken by the poll panel in response to a “representation” from notable individuals regarding concerns about the credibility of EVMs and Voter-Verified Paper Audit Trail (VVPAT) machines and the vote counting process during elections.

The eminent citizens’ representation includes technical professionals, former civil servants, and academicians. The RTI application also sought details regarding the persons and public officials to whom the representation was forwarded, with details of meetings conducted and all the important file notings.

However, despite the mandatory 30-day period, the EC failed to provide any response to Devasahayam’s RTI request. Subsequently, his first appeal to senior officials went unheard, prompting him to approach the CIC with a second appeal.

During the hearing, Chief Information Commissioner Heeralal Samariya criticised the conduct of the then Public Information Officer (PIO) for not providing a timely reply, directing the EC to furnish a written explanation for this violation. Samariya emphasised that if other individuals were also responsible, the PIO must serve them copies of the order and ensure their written submissions reach the Commission.

Samariya said, “The commission, after perusal of case records and submissions made during hearing, expresses severe displeasure over the conduct of the then PIO in not having provided any reply to the RTI application within the time-frame stipulated under the RTI Act. Therefore, the commission directs the then PIO through the present PIO to furnish a written explanation for the gross violation of the provisions of the RTI,” quoted LiveLaw.

In response to the CIC’s directives, the EC committed to providing a detailed response to Devasahayam within 30 days, acknowledging the need for compliance with the RTI Act.

The representation submitted to the EC on May 2, 2022, raised significant questions about the credibility of EVMs and VVPAT machines.

During the hearing, Chief Information Commissioner Heeralal Samariya criticized the conduct of the then Public Information Officer (PIO) for not providing a timely reply, directing the EC to furnish a written explanation for this violation. Samariya emphasized that if other individuals were also responsible, the PIO must serve them copies of the order and ensure their written submissions reach the Commission.