Elected representatives including MPs, MLAs and local bodies members are
not covered under the Right to Information Act in 'individual' capacity,
Central Information Commission has ruled.
The Commission, however, has clarified that information regarding their
activities can be accessed from bodies to which they are part of like
Parliament, state legislative assembly or local bodies.
A division bench of the Commission comprising Chief Information
Commissioner Wajahat Habibullah and Shailesh Gandhi said, "we must
conclude that individuals whether MPs, MLAs, Councillors or members of
Panchayats cannot in themselves be deemed public authorities.
Nevertheless, the organisations and Committees in which they fulfil
their obligations under the Constitution are indeed organizations
defined as public authorities," the bench held while hearing several
pleas that were clubbed together in the matter.
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The applicants had asked for information regarding work done by
different elected representatives including Rahul Gandhi and Sonia
Gandhi but did not any details from them.done by different elected
representatives including Rahul Gandhi and Sonia Gandhi but did not any
details from them.
"Such information on activities as are performed by these named
representatives as members of such organizations is, therefore, to be
deemed accessible to the citizenry...It will, therefore, be necessary
for such organisations to develop systems for making such information
accessible," the Bench said.
POST ON INDIAN EXPRESS
By: Varind | 13-Dec-2009 : The petitioner asking information about
work done by Rahul and Sonia GANDHI with public funds, should know it
that both have done numerous tasks specifically naming every scheme,
road, stadium, university, bridge, causway etc., after the name of Rajiv
Gandhi. The naming of every thing after Rajiv Gandhi is not a small task
in such a big country.
