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In view of the above provisions of law, the registered political
parties are required to submit their audited statements of accounts to
the Election Commission and soon after submission of such
statements it falls under the category of ‘information’ as defined in the
RTI Act. Moreover, soon after submission of the said audited
statements it becomes “public document” under section 74 (2) of the
Evidence Act, 1872. Therefore, the Election Commission being an
authority under the said Act is under obligation to provide the
concerned information to the petitioners.
However, section 9(8) of the RTI Act, 2009 sets out the
procedures for dealing with third-party’s “secret information” as
referred to in sections 7(c), (d), (o) and (r) of the said Act. The said
provision of section 9 (8) of the RTI Act is quoted below“Where an officer-in-charge thinks that the request made for
information under sub-section (1) of section 8 is appropriate, and
such information has been supplied by a third party or a third party’s
interest is involved in it and the third party has considered it as secret
information, the officer-in-charge shall cause a notice to be served
upon the third party within 5 (five) working days for written or oral
opinion, and if the third party gives any opinion in response to such