MISCELLANEOUS

Review of office order regarding supply of documents/copying charges/inspections.

Election Commission's order No. 56/96/JUD-II, dated 15th March, 1996.

Subject:- Supply of documents- coping charge/inspection charge officer order

---------------------------------OFFICER ORDER

1. In supersession of the the Commission's office order No. 56/96/JUD-II dated 23.4.1993 and all other instructions issued in this behalf, the following instructions shall be followed in the Secretariat of the Commission for allowing the inspection of the Commission's records and for furnishing certified copies of document from such records to the political parties, members of Parliament and State Legislatures, candidates, advocates, members of public, etc.

(A) 2. Records relating to cases in which the Commission acts in a quasi-judicial capacity, (including (1) References from the President and the Governors under Articles 103(2) and 192(2) of the Constitution,(2) Reference from the President under section 8A(2) of the Representation of the people Act, 1951, (3) Disputes relating to recognised National and State parties in terms of paras 15 and 16 of the Election Symbols (Reservation and Allotment) Order, 1968, (4) Applications/petitions for removal of disqualification under section 11 of the Representation of the people Act, 1951, (5) Other matters raised in terms of Article 324 of the Constitution, etc.)

2.1 Subject to any general or special direction as may be given by the Election commission at any time in any particular case, a party to any case and who has appeared before the Commission shall be allowed to inspect or get copies of all pleadings and other documents or records relating to such case, on application made to the Commission and on payment of such fees as may be prescribed hereunder in para 4.1.

2.2 Subject to the provisions of para 2.1, the permission for such inspection or furnishing of copies shall be given by the Deputy Election Commissioner in charge of the particular case or, in his absence, by any other Deputy Election Commissioner and, in the absence of all Deputy Election Commissioners, by the Election Commission itself.

2.3 The Election Commission on application of a person who is not a party to the abovementioned case, may, on good cause shown, allow such person to inspect or to obtain copies of documents, etc., mentioned in para 2.1 above on payment of prescribed fees.

2.4 The inspection of any documents, etc., under para 2.1 or 2.3 shall be allowed only in the presence of an officer not below the rank of Secretary to the Commission. Copies of documents, etc,. furnished under the said paras shall be certified as true copies by the Under Secretary dealing with the case or, in his absence, by the Secretary in charge of that case.

2.5 No record or document filed in any case shall, without the leave and prior written approval of the Election Commission, be taken out of the custody of the Election Commission.

2.6 Unless otherwise directed by the Election Commission, certified copies of the orders, interim or final, of the Commission in any case (other than the opinions of the Commission to the President or Governors in the Reference cases mentioned above), shall be allowed, by the authority specified in para 2.2 above, to be furnished to any applicant subject to the payment of the prescribed fees.

(B) Other records.

3.1 The applicant in his application shall specify the nature of the document or documents which he desires to inspect or which he wants to obtain copies.

3.2 If the applicant in not entitled to inspection of such documents or obtain copies thereof as a matter or right under some express provision of the law, the application shall clearly disclose that the applicant has direct and tangible interest in such document or documents and shall also disclose the nature of such interest with full detail.

3.3 The applicant shall state the purpose for which he desires inspection or copy of a document, though the permission to inspect or supply copy may not be rejected or upheld solely depending upon the purpose for which the inspection or copy is sought, the purpose would have an important relevance in determining whether the interest set up is real or illusory.

3.4 An application for inspection or supply of copy of a document may be rejected if the applicant does not posses a direct and tangible interest in the document but by the inspection or copy of the document his interest in some other matter may be better served or advanced.



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