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Three years after six nationwide events had been introduced below the ambit of the RTI Act, Congress on Monday requested the Central Information Commission to put aside its 2013 full bench order, saying it’s neither a court docket nor a reliable authority to train plenary jurisdiction and the order is “arbitrary and illegal.”
Counsel for Congress KC Mittal immediately instructed a full bench of the Commission, which is listening to the criticism in opposition to political events for not responding to RTI functions searching for particulars of the donations obtained by them, elections and different associated points, that an utility has been moved to quash its order bringing political events below the RTI Act.
“…It has been held that CIC is neither a court nor is competent to exercise plenary jurisdiction. There is no power even to decide upon its jurisdiction or interpret the provisions of the act and the definitions,” the plea filed by Congress treasurer Motilal Vora on June 17 mentioned.
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The get together, whose authorities opened a brand new chapter of transparency by enacting Right to Information in 2005, mentioned as per Section 12 of the RTI Act, the Chief Information Commissioner has solely restricted powers of superintendence, instructions and administration of inner affairs of the Central Information Commission.
“It is further submitted that the powers on the Commission are defined under Chapter V of the Act which no where gives the adjudicatory powers,” it mentioned.
The plea mentioned applicant (Association for Democratic Reforms and SC Agrawal) did not substantiate their case and within the absence of any paperwork/proof on file to indicate that the political events are considerably financed by the Government, declaring political events as considerably financed by the Government is “arbitrary and illegal”.
“The order…is predicated on shock and conjecture. The order is with out jurisdiction and has no sanction of regulation, subsequently it’s per se nullity and unenforceable,” it mentioned. The petition mentioned political events have earnings from voluntary contributions from their members, people or firms.
“The exemptions, concessions given below a statute neither represent financing a political get together nor it quantities to monetary contribution by a Government. Such concession and exemptions are allowed to massive variety of people, individuals, our bodies, organizations (however) they haven’t been introduced below the RTI Act,” it mentioned.
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