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RTI Act doesn’t cover elected reps

New Delhi, December 12
Elected representatives including MPs, MLAs and local bodies members are not covered under the Right to Information Act in ‘individual’ capacity, the Central Information Commission has ruled. It clarified that information regarding their activities can be accessed from bodies of which they are a part, like parliament, state legislative assembly or local bodies.

A division bench of the commission comprising Chief Information Commissioner Wajahat Habibullah and Shailesh Gandhi said, "We must conclude that individuals whether MPs, MLAs, councillors or members of panchayats cannot in themselves be deemed public authorities. Nevertheless, the organisations and committees in which they fulfill their obligations under the constitution are indeed organisations defined as public authorities,” while hearing several pleas clubbed together in the matter.

The applicants had asked for information regarding work done by different elected representatives, including Rahul Gandhi and Sonia Gandhi. "Such information on activities as are performed by these named representatives as members of such organisations is, therefore, to be deemed accessible to the citizenry... It will, therefore, be necessary for such organisations to develop systems for making such information accessible," the bench said. — PTI

Rashtrapati Bhawan Secretariat pulled up

The CIC has pulled up the Rashtrapati Bhawan’s Secretariat for delay in giving information to a citizen under the Right to Information Act. The commission has issued a show cause notice to CPIO, President’s Secretariat, Faiz Ahmad Kidwai, asking him why a penalty of Rs 4,500 should not be imposed on him for delay in giving information. The complainant, NA Shah Ansari - a resident of Puri in Orissa - had asked for information regarding action taken on his letters addressed to the President of India, relating to an appointment with the President. Though the CPIO had received the request on March 27, 2008, he had replied to the same on May 15, 2008, 18 days overdue. The amount of penalty shall be Rs 250 per day and has to be paid by the CPIO from his salary.

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