Dilip Kaushal vs State Information Commission
2023 Latest Caselaw 2707 MP

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                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK RUSIA
                                           ON THE 14 th OF FEBRUARY, 2023
                                           WRIT PETITION No. 2225 of 2023

                           BETWEEN:-
                           DILIP KAUSHAL S/O LATE GULAB CHANDRA KAUSHAL,
                           AGED ABOUT 57 YEARS, OCCUPATION: BUSINESS, R/O
                           11/5 PARSI MOHALLA, CHHAWANI, INDORE (MADHYA
                           PRADESH)

                                                                            .....PETITIONER
                           (SHRI VIBHOR KHANDELWAL-ADVOCATE)

                           AND
                           1.    STATE INFORMATION COMMISSION THROUGH
                                 CHIEF INFORMATION COMMISSIONER ARERA
                                 HILLS, BHOPAL (MADHYA PRADESH)

                           2.    PUBLIC INFORMATION OFFICER ELECTION
                                 REGISTRATION OFFICER, LOCAL ELECTION
                                 WARD NO. 1 TO 17, MUNICIPAL CORPORATION,
                                 INDORE.

                           3.    PUBLIC INFORMATION OFFICER, ELECTION
                                 REGISTRATION OFFICER, LOCAL ELECTION
                                 WARD NO. 18 TO 36, MUNICIPAL CORPORATION
                                 INDORE.

                           4.    PUBLIC INFORMATION OFFICER, ELECTION
                                 REGISTRATION OFFICER, LOCAL ELECTION
                                 WARD NO.37 TO 54 MUNICIPAL CORPORATION,
                                 INDORE (MADHYA PRADESH)

                           5.    PUBLIC INFORMATION OFFICER, ELECTION
                                 REGISTRATION OFFICER, LOCAL ELECTION
                                 WARD NO.55 TO 64, MUNICIPAL CORPORATION,
                                 INDORE

                           6.    PUBLIC INFORMATION OFFICER, ELECTION
                                 REGISTRATION OFFICER, LOCAL ELECTION
                                 WARD NO.65 TO 73 TP 85 MUNICIPAL
                                 CORPORATION INDORE.
Signature Not Verified
Signed by: PRAVEEN
NAYAK
Signing time: 16-02-2023
18:11:19
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                           7.       PUBLIC INFORMATION OFFICER, ELECTION
                                    REGISTRATION OFFICER, LOCAL ELECTION
                                    WARD NO. 74 TO 81, MUNICIPAL CORPORATION,
                                    INDORE (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                           ( BY MS. PRANJALI YAJURVEDI- GOVERNMENT ADVOCATE) .
                           BY SHASHWAT SETH-ADVOCATE/RESPONDENT NO.1.

                                    T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                                 ORDER

The petitioner has filed the present petition complaining that despite the order passed by State Commission, the Public Information Officer is not providing any information.

Before filing the present petition, the petitioner approached before the State Information Commission by way of filing an application under Section 18 of the Right to Information Act, 2005 (hereinafter referred to as ‘Act of 2005).

Shri Khandelwal, learned counsel for the petitioner submits that the aforesaid application has not been decided yet and because of this the petitioner is not getting the valuable information. The petitioner has filed an application for urgent hearing of the complaint despite that the matter has not been taken up, thus petitioner is compelled to approach before this Court. The petitioner is also seeking that the respondent Nos. 2 to 7 be directed to allow the petitioner to inspect the public record and thereafter to provide the petitioner with documents marked and chosen by him in compliance, the order dated 03.06.2022 passed by the State Information Commission that would serve the purpose. In support of his contention, he has placed reliance on the judgment passed by Apex Court in case of PEOPLES'S UNION FOR CIVIL Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 16-02-2023 18:11:19

LIBERTIES AND ANOTHER VS. UNION OF INDIA AND OTHERS reported in (2004) 2 SCC 476 in which it has been held that right of information is fundamental rights under Article 19 of the Constitution of India, therefore, this Court is competent to issue Writ to respondents as there is violation of fundamental rights by them. Learned counsel for the petitioner further submits that even if State Information Commissioner passed an order under Section 18 and 20 of the Act, 2005 by imposing the penalty or direct for disciplinary action that would not serve the purpose of petitioner because by that time the information sought by the petitioner will be of no use.

At this stage without going into the controversy involved in this petition, the Writ Petition is disposed of with direction to the respondents No.2 to 7 to comply the order passed by the State Information Commission within a period of 15 days, if the order has not been challenged by them so far.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE Praveen

Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 16-02-2023 18:11:19