Are you curious about how votes are counted or what information is available about elections, even within public institutions? Many citizens wonder if the Right to Information (RTI) Act can shed light on electoral processes. This case explores a situation where an RTI applicant sought specific details about voting at the Indian Institute of Public Administration (IIPA), highlighting the limitations of what information can be obtained through RTI when it’s not readily available or mandated to be kept. Understanding these boundaries is crucial for any RTI applicant to manage expectations and file effective applications.
Background: What Information Was Sought
An applicant, interested in the voting process at the Indian Institute of Public Administration (IIPA), filed an application under the RTI Act seeking specific details about a particular election held there. The applicant wanted to know two key pieces of information: firstly, the exact number of ballot papers that favoured a single candidate bearing the number 30. Secondly, they enquired about the number of ballot papers where the vote was cast exclusively for only one candidate. This request aimed to understand the distribution and nature of votes cast in that specific election.
How the Public Authority Responded
The Public Information Officer (PIO) of the IIPA responded to the RTI application that the information requested applicant was not available. Furthermore, the PIO clarified that, as per the institute’s byelaws, maintaining such specific data was not a requirement. This response indicated that the information, as precisely sought, was not held in any record or accessible format IIPA.
The CIC Hearing: What Happened
When the matter escalated to the Central Information Commission (CIC) for hearing, the respondent representing the IIPA reiterated their position. They explained that the Institute did not maintain any data in the specific format or detail that the appellant had requested. The respondent emphasized that their byelaws did not necessitate the collection or preservation of such granular voting information. Essentially, the Institute maintained that the requested data did not exist in a form that could be disclosed.
The CIC Order and Its Significance
The Central Information Commission, after considering the submissions from both sides, made a significant observation. The Commission noted that if the desired information is not available in a material form – meaning it’s not recorded or documented anywhere – then the CIC cannot compel the Public Information Officer to undertake the task of researching, compiling, or creating such information. The RTI Act mandates disclosure of existing information, not the generation of new data. Consequently, the CIC rejected the appeal, stating that there was nothing on record to be disclosed in response to the applicant’s specific queries. This decision underscores the principle that RTI is about accessing existing records, not about demanding research or analysis from public authorities.
Key Lessons for RTI Applicants
- Lesson 1: Information must exist: The most critical takeaway is that an RTI application can only seek information that is already available with the public authority. You cannot ask the authority to create new records, conduct research, or analyze existing data to provide you with an answer if such analysis hasn’t already been done.
- Lesson 2: Understand byelaws and mandates: While not always easy to ascertain beforehand, understanding the general mandate and byelaws of a public authority can give you an idea of what kind of information they are likely to maintain. If a specific type of record is not required or byelaws, it’s unlikely to be available.
- Lesson 3: Be specific but realistic: While specificity in your RTI questions is important for clarity, ensure your requests are also realistic. If you’re asking for something highly detailed about past events, consider if it’s plausible that such detailed records would have been kept.
How to File a Similar RTI Application
- Identify the relevant public authority: Determine which specific government department or public institution conducted the voting or is responsible for its records.
- Draft your RTI application: Clearly state your request, specifying the election and the exact details you are seeking. Be precise about the information you want.
- Submit the application: File the application with the Public Information Officer (PIO) of the concerned authority, along with the prescribed fee.
- Follow up: If you do not receive a response within the stipulated 30 days (or 35 days for matters related to human rights or national security), you can file a first appeal.
Sample RTI question you can use:
Please provide details of any records maintained institute regarding the number of votes cast in favour of candidate number 30, and the total number of ballot papers where a vote was cast for only one candidate, during the election held on [Date of Election, if known]. If such records are not maintained, please provide the relevant byelaws or rules that exempt the institute from maintaining such information.
Conclusion
This case serves as a valuable reminder that the RTI Act is a powerful tool for transparency, but it operates within the realm of existing information. While citizens have a right to know, this right is contingent on the information being held public authority. For applicants seeking electoral details, it’s essential to understand that if the information isn’t recorded or mandated to be kept, the CIC, and the RTI Act, cannot force its creation. Always strive to request information that is likely to exist and be maintained public body.
