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Information Commission for withholding information under this
section”. Since the Election Commission did not seek any prior
approval from the Information Commission in respect of withholding
the audited statements of accounts submitted by the political parties;
hence, issuance of the impugned decision/order is without any
jurisdiction and in violation of the RTI Act.
He further submits that the definition of the term “information”
as provided in section 2(f) of the RTI Act clearly states that
“information” includes “….any other documentary material regardless
of its physical form or characteristics, and any copy thereof in relation
to the …. official activities of any authority.” According to section
2(b) of the said Act, the Election Commission is an “authority” with
responsibilities and obligations to ensure transparency. Since the
political parties are required by the Registration Rules to submit their
audited statements of accounts to the Election Commission, such
statements of accounts, as soon as submitted to the Election
Commission, fall under the scope of “information” defined in the RTI
Act. Therefore, the Election Commission, being an “authority” under
the said Act is under a clear obligation to provide to anyone who
seeks such audited statements of accounts under the said Act. He also
argues that the respondent No.1 in passing the impugned
decision/order misinterpreted section 9(8) of the RTI Act in violation
of the provisions of the Act and the Rules made thereunder in holding
that the audited financial accounts of a registered political party is
“secret
information”.
Political
parties,
being
constitutionally