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2009 (in short, the Act) and the Political Parties Registration Rules,
2008 are intended to ensure transparency, accountability and good
governance with respect to the political parties, which are major
stakeholders in the democratic process and in public affairs. He also
submits that the impugned decision has the effect of curtailing the
citizen’s right to information with regard to the affairs of the political
parties and holds them accountable through public discourse. Such an
interpretation of the RTI Act could not have been intended by the
legislature.
He goes to argue that incompatibility of the impugned decision
with the RTI Act is manifest from the preamble of the said Act, which
makes it clear that the Act has been enacted to give effect to the right
to information, as an inalienable part of freedom of thought,
conscience and speech, and to empower the people by ensuring
transparency and accountability of all public, autonomous and
statutory organizations. Therefore, any interpretation of the RTI Act
restricting the people’s right to have access to information provided to
the Election Commission by the political parties, both of which are
public bodies, is contrary to both the Constitution and the RTI Act. He
further goes to argue that the Election Commission by framing the
Registration Rules has sought to ensure effective transparency and
accountability of the political parties, which are to be registered with
the Election Commission and are to enjoy the benefits of such
registration. Therefore, withholding the audited financial accounts
submitted by the political parties as a requirement under the said