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notice, the officer-in-charge shall take into consideration such
opinion and make a decision in respect of providing information to
the applicant.”
In the case in hand, the registered political parties did not
consider their audited statements as “secret information” under
sections 7(c),(d),(o) or (r) of the RTI Act; as such, in view of the said
provision there was no need to seek opinion from the registered
political parties for supplying their audited statements of accounts to
the petitioners.
Moreover, according to the said provision, 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; rather it shall take
into consideration such opinion and arrive at a decision in accordance
with the provisions of the RTI Act. As such, refusal of the Election
Commission to provide with the concerned information on the ground
that the political parties concerns have not provided an affirmative
opinion is violative of the provisions of the said Act.
On the other hand, section 7 of the RTI Act provides with
certain types of information, which the authority is not bound to
provide, and the 2nd proviso to section 7 requires that “the concerned
authority shall take prior approval from the Information Commission
for withholding information under this section”. But in the instant
case, since the Election Commission did not seek any such prior
approval from the Information Commission in respect of withholding
the audited statements of accounts submitted by the political parties;