NEW DELHI, July 29:
The Central Information Commission has directed the Chief Electoral Officer (CEO) of Delhi to prepare a set of guidelines that needs to be followed before deleting names from the voters’ list and inform the electors of the prosposed deletion giving opportunity to present their case.
The Commission directed the CEO to pay a compensation of Rs 10,000 to one Sumit whose name was deleted from the voters’ list without him being informed even though he did not change his residential address. He could not vote in 2015 Assembly election here.
“The voter has a right to know, first that his name was deleted, then the reasons for the decision to delete his name from the voters’ list.
“Such an arbitrary decision and denial of information even after deletion, followed by non-response to RTI request for that deletion would certainly amount to denial of very significant constitutional and statutory right to vote and right to information under the RTI Act,” Information Commissioner Sridhar Acharyulu said.
Issuing a show cause notice to the CPIO of the CEO’s office asking why a penalty should not be imposed for failure to furnish the information, Acharyulu also directed it to inform the appellant reasons for deleting his name from the voters’ list and if any inquiry was conducted into the matter.
He also directed the CEO office to carry out an inquiry into the matter (if no such inquiry took place) and to inform the appellant what action has been proposed to be taken against officer responsible for the deletion of the name.
“Not only the appellant, each voter whose valid voting right is violated by arbitrary decision of the officer without communicating reasons and giving an opportunity to represent why his name should be removed, is entitled to such compensation if he was not allowed to vote on that ground, and restoration of voting rights within reasonable time,” he said.
Acharyulu said principles of natural justice demand that the public authority should inform the persons concerned before depriving them of their right to vote, which is very fundamental to democracy, though not a declared fundamental right under part III of the Constitution.
“This right has found place in the Constitution of India, hence it is a constitutional right. Since it has been recognised, provided and safeguarded for by the Representation of People Act 1950, it is also a significant statutory right,” the Commissioner said.
After going through the website of the CEO, he said it does not provide for the process adopted by that office regarding deletion of names of electors from the voters’s list or what has to be done by the voter whose name has been deleted for restoring it.
“Surprisingly the public authority, in this case the Chief Electoral Officer, appears to have no mechanism to inform the concerned voter about deletion of the name of the voter from the electoral list. Drafting and sending notices to each and every individual voter about their decision to delete might involve huge work, as there will be huge numbers,” he said.
Acharyulu said the validity of appellants’ right to vote was proved when he was duly registered after his residence was ascertained and got confirmed when he cast vote twice within a span of two years.
“The Commission records its appreciation for appellant, the young boy for his anguish at the unjust denial of opportunity to cast his vote and choosing the path of RTI to seek the reasons and restoration of right lost. In fact, he was performing his duty as an alert citizen of this democratic country to secure his most valuable right i.E right to vote,” he said.
He said there is merit in the contention of the complainant that his right to vote was violated.
“Such deletion of voter’s name without informing the reasons would seriously affect the democratic operation prescribed by the Constitution and Representation of People’s Act, 1950 which is the foundation of governance as per law,” he said. (PTI)
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