Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
CIC/SA/C/2015/000157
Sumit Vs. Chief Election Officer
Decision: 29-07-2015
Summary: The voter has a right to know, first that his name was deleted, then the reasons for
decision to delete his name from the voter’s list. Such an arbitrary deletion and denial of information
even after deletion, followed by nonresponse to RTI request for reasons for that deletion would
certainly amount to denial of a very significant Constitutional & statutory right to vote and right to
information under RTI Act.
Principles of Natural Justice, Section 22 of Representation of People Act 1950, Section 21A of the
Registration of Electors Rules, 1960 and the ratio in landmark judgment of Justice L Narasimha
Reddy of Andhra Pradesh High Court demand that a valid voter is expected to get adequate
opportunity of being heard by the authority before deletion of name of voter. The Commission
records its appreciation for appellant, the young boy for his anguish at the unjust denial of opportunity
to cast his vote in recent Assembly elections in Delhi, showing greater concern for the right to vote
and choosing the path of RTI to seek the reasons and restoration of right lost. In fact, he was
performing his duty as alert citizen of this democratic country to secure his most valuable right, i.e.,
right to vote.
The Commission directs CPIO of the Public Authority (Chief Election Officer) to show cause why
penalty should not be imposed for not furnishing the information to the complainant within the
prescribed period, to inform appellant the reasons for deletion of his name from the voter’s list, to
inform if any inquiry was conducted into such deletion after deletion, if not to conduct an inquiry into
arbitrary deletion of his name, to inform what action was proposed to be taken against officer
responsible for deleting his name, to inform when his name and right to vote will be restored, to
prepare a set of guidelines to follow before deleting names, to inform fact of proposed deletion,
grounds for such action of deletion, and provision of adequate opportunity to affected voter to
represent his case etc, and post the same on official website, along with FAQs on the subject, and to
pay Rs 10,000/ compensation on the grounds that appellant was not informed about deletion, not
informed about the grounds/reasons for deletion which amounted to violation of right, and he was not
given any response to his RTI application within 30 days as stipulated by RTI Act.
Parties Present:
