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recognized public organizations, are required by the Registration
Rules to submit such accounts to the Election Commission for the
main purpose of transparency and accountability to the people and the
electorate, and therefore, withholding such statements/accounts as
third-party’s secret documents amounts to negating the purpose of
both the Registration Rules and the RTI Act.
He again submits that as soon as a political party submits its
audited statements of accounts to the Election Commission, the same
becomes a “public document” under section 74(2) of the Evidence
Act, 1872. The RTI Act and the Rules made thereunder having not
provided for obtaining opinion of political parties for supplying copy
of the same to the petitioners; the impugned order is without
jurisdiction. According to the provisions of section 9(8) of the RTI
Act, the authority from which the information has been sought is not
required to rely solely on the “opinion” of a third-party in taking its
decision, and is required to have regard to such “opinion” if
expressed, and to arrive at a decision in accordance with the
provisions of the RTI Act. Therefore, the refusal of the Election
Commission to provide the audited statements on the pretext that the
political parties concern have not provided an affirmative opinion is
wholly in violation of the provisions of the said Act. He also submits
that in passing the impugned decision/order, the respondent No.1 has
acted in a mechanical way to deny the right of the people to
information, and has, thus, acted in violation of the very legislation