The order that was passed earlier came into the public knowledge recently.
The state information commission (SIC) in its order has decided that booth-wise polling details cannot be provided under RTI as they were sealed and kept in godown. Applicant while asking information had said that since booth-wise votes are announced during the result day, it should be provided to him. The order that was passed earlier came into the public knowledge recently.
Vijay Sanga Shiyal, resident of Santacruz in his RTI applicant had sought booth-wise polling details of certain wards from the Brihanmumbai Municipal Corporation (BMC) of certain elections. In his RTI he had also sought booth-wise votes that each party had polled.
"I live in that area and wanted to know the details of polling. They anyways announce booth-wise results so I wanted to know how much votes were polled booth-wise and which party got how many votes. The reason was general information as I do not belong to any political party," said Shiyal.
He added, "Since they announce the details during the result day, I did not see why it should not be given. I just wanted to understand the voting pattern. Even the information commissioner felt the same. However, the PIO stated that there is a high court order too which prohibits to give such information."
The PIO declined to provide information without mentioning any reason. During the first appeal, the PIO stated that the information sought was sealed and sent to the godown where the information is kept. Since it is sealed, it cannot be opened and provided again.
The first appellate authority in its order noted that as per section 28 (a) of the Brihanmumbai Municipal Corporation Act, 1888, it is necessary to keep the secret the polling details. The FAA stated that since the information sought is now in sealed godown, and on enquiry from Worli godown that was also the reply given by the officer there, it cannot be given.
Sumit Mullick, state chief information commissioner upheld the order of the first appellate authority. "It seems that the PIO does not have the details and that it is in sealed cover. I recall that there was similar case. Once the information is sealed, it cannot be opened unless under special circumstances or unless there is a court order. I feel the order is right but could have been worded slightly better."
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "EVMs")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}