The main legal principle established in the judgment is that the RTI Act does not override the provisions of the REP Act and Election Rules regarding the confidentiality and secrecy of ballot papers and EVMs. The Court emphasized the importance of maintaining the integrity of elections by upholding the secrecy and confidentiality of voting information.

Sanjiv Khanna, J.

.1. The Election Commission of India (Election Commission for short) has filed the present Writ Petition against the Order dated 6thJune, 2008 passed by the Central Information Commission (hereinafter referred to as CIC, for short) directing disclosure of the following information to Shri Neelesh Mishra- respondent No.2 herein under the Right to Information Act, 2005 (hereinafter referred to as RTI Act, for short) :-

.“1. x x x x x

2. x x x x x

3. x x x x x

.4. Confirmation of information on the EVM (date and time, votes polled, vote tally and any other information which were noted down from the EVM machines, including any spare machines that were used, to from 17 C math (sic) the information presently available on the EVMs and that there has been no deletion/alteration or addition of addition of information by reason of any technical or other flaw in the EVMs.

5. Confirmation that the date, time and/or any other information or the lack thereof on spare EVMs that were not used at all, continues to be consistent with the information so recorded at the time of the assembly election.

6. That if there is any discrepancy in information or the lack thereof on the EVMs in question (including spare EVMs) as of today in comparison to the recorded information at the time of the Assembly Election, then what is the cause of the same? Please provide information as to the steps being taken by the Election Commission of India to iron out any technical glitches in the EVMs, if the same becomes apparent by reason of the information sought by the undersigned.”

2. It is the contention of the petitioner that the aforesaid information cannot be made available to respondent no. 2, as it is not held by or under control of the Election Commission as per the provisions of the Representation of Peoples. Act, 1951 (hereinafter referred to as REP Act, for short) and Conduct of Election Rules, 1961 (hereinafter referred to as Election Rules, for short).It is submitted by the petitioner that there is no conflict between the provisions of the REP Act, the Election Rules and the provisions of the RTI Act, therefore, the CIC has erred in directing disclosure of information sought by respondent No.2.

3. In 1989, the REP Act was amended to authorize use of Electronic Voting Machines (hereinafter referred to as EVMs, for short) for polling and counting of votes. In the year 1992, the Election Rules were amended to incorporate provisions for EVMs.

4. Each EVM has a balloting unit and a control unit. Data of the votes polled is stored in the control unit. After polls, the data stored in the control unit is encoded for counting of votes which is done in the presence of the candidates or their election/counting agents. Thereafter, entries are made in Form Nos.17C and 20 and the poll result in form of a result-sheet is announced. After the counting is over and the results are announced, the control units are sealed following the procedure mentioned in Election Rule 57C which reads as under:

“57C. Sealing of voting machines.- (1) After the result of voting recorded in a control unit has been ascertained candidate-wise and entered in Part II of Form 17C and Form 20 under Rule 56C, the returning officer shall reseal the unit with his seal and the seals of such of the candidates or their election agents present who may desire to affix the seals thereon so however that the result of voting recorded in the unit is not obliterated and the unit retains the memory of such result.

.(2) The control unit so sealed shall be kept in specially prepared boxes on which the returning officer shall record the following particulars, namely :-

.(a) the name of the constituency;

.(b) the particulars of polling station or stations where the control unit has been used;

.(c) serial number of the control unit;

.(d) date of poll; and

.(e) date of counting;”

5. Maintenance of secrecy is enshrined and duly provided in Section 128 of the REP Act which reads as unde