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EVM is ‘information’ under Right to Information Act, rule CIC

EVM is ‘information’ under Right to Information Act, rule CIC

According to Central Information Commission (CIC) ruled that an Electronic Voting Machine (EVM) is "information" under the Right to Information Act and can be demanded by an applicant from the Election Commission of India on a payment of Rs 10.

This implies the Election Commission has to respond to an RTI application seeking the EVM either by providing it or refusing it under exemption clauses in the Act.

What was the issue?

An applicant had sought an EVM from the Election Commission.

Chief Information Commissioner Sudhir Bhargava said EVM was under the definition of INFORMATION and can be demanded from Election Commission.

Election Commission rejected the application saying that EVM held by it don’t come under the definition of INFORMATION.

The applicant went to CIC and argued that as as per Section 2(f) and 2(i) of the RTI Act, the definition of 'information' and 'record' also includes 'any model or any sample' held by a public authority, calling the rejection as wrong.

Section 2 (f) and 2 (i)

Section 2(f) of the RTI Act defines 'Information' as any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.

CIC Ruled that EVM comes under the INFORMATION. However, an applicant can’t demand about applied proprietary software in the EVM.

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