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2026 Supreme(Online)(Guj) 22836

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Nirzar S. Desai, J
Vala Jodhubhai Golanbhai – Appellant
Versus
RTI Officer – Respondent
R/SPECIAL CIVIL APPLICATION NO. 9928 of 2026



Advocates:
For the Appellants/Petitioners: Simran Pahwa
For the Respondents: Shivang M Shah

Inspection of records under the RTI Act is a personal right; allowing third parties to accompany the applicant may violate the Act's purpose. However, an appeal cannot be dismissed solely for conduct if the applicant provides an undertaking for future decorum.

Headnote:(A) Right to Information - Inspection of Records - Conduct of Applicant - Dismissal of a second appeal based on alleged misbehaviour during the inspection process may be set aside if the applicant provides a formal undertaking to maintain cordial and courteous conduct. (Para 3, 6)

(B) Right to Information - Third Party Access - The object of the RTI Act is to provide information to the applicant; permitting third parties to accompany the applicant during inspection may amount to unauthorized disclosure of information to third parties and is therefore impermissible. (Para 6)

Issues: Whether the dismissal of an RTI appeal due to the petitioner's conduct was justified and whether third parties can accompany a petitioner during record inspection.

Table of Content
1. background of the rti appeal dismissal due to alleged misbehaviour and the subsequent filing of a conduct undertaking by the petitioner. (Para 1 , 2 , 3 , 4)
2. restriction on third-party accompaniment during rti inspections to prevent unauthorized information disclosure. (Para 5 , 6)
3. quashing of the impugned order and granting of personal inspection rights to the petitioner. (Para 7 , 8)

ORDER

1. Heard learned advocate Ms. Simran Pahwa for the petitioner and learned advocate Mr. Shivang Shah for the respondents.

2. By way of the present petition, the petitioner has prayed for quashing and setting aside the impugned order dated 08.04.2026 passed by respondent No. 3 in Appeal No. A/6465 of 2025. The petitioner has further prayed for a direction to the respondents to furnish the information sought under the Right to Information Act, along with Form K, as annexed at Annexures B and C, respectively.

3. By the impugned order dated 08.04.2026, respondent No. 3 rejected the petitioner's second appeal after recording that the petitioner had been called upon to remain present and specify the exact information sought by him from the bulky records. It was further recorded that, for the purpose of inspecting the documents, the petitioner visited the office of Nagdala Gram Panchayat along with six to seven persons and insisted that the Talati-cum-Mantri show the records to all the accompanying persons. As the Talati-cum-Mantri refused to accede to such demand, it was alleged that the petitioner and the persons accompanying him misbehaved with the lady Talati-cum-Mantri. It was further recorded that when the lady employee started recording the incident on her mobile phone and informed them that the police would be called, they left the office after allegedly threatening her. Taking note of the aforesaid facts and the conduct of the petitioner, respondent No. 3 dismissed the petitioner's second appeal.

4. Today, learned advocate Ms. Pahwa has tendered an affidavit-cum-undertaking of the petitioner, which reads as under;

AFFIDAVIT CUM UNDERTAKING

“I, Vala Jodhubhai Golanbhai, Aged 74 years, Residing at Vada Sheri, Nagadla, Gir-362710, do hereby solemnly affirm and state on oath as under :-

1. I am the petitioner in the memo of petition. I am fully conversant with the facts of the case and duly competent to file this affidavit. I am filing this affidavit-cum- undertaking apropos to the oral directions given by this Hon'ble Court.

2. Without prejudice to the contentions raised in the petition, the deponent undertakes as follows:

(a) That the deponent shall conduct himself in a cordial and courteous manner while visiting the office of the RTI Officer for the purpose of receiving the information sought.

(b) That the deponent shall not carry any electronic devices, including mobile phones, cameras, or recording equipment, at the time of such visit and shall receive the information sought with utmost integrity and good faith.

(c) That the deponent shall not cause any disturbance, obstruction, or inconvenience to the RTI Officer or the functioning of the said office at the time of receiving the information.

(d) That the deponent shall be accompanied by person conversant with the contents and language of the information so provided.

(e) That the deponent undertakes to abide by the above in good faith and shall not deviate from the same.

3. The contents of this affidavit are true and correct to the best of the deponent’s knowledge, information and belief, and nothing material has been concealed therefrom.

Solemnly affirmed at A’bad on this 29 day of July, 2026.

Sd-

(Deponent)”

5. Pursuant to the affidavit-cum-undertaking, learned advocate Mr. Shivang Shah has vehemently opposed the petition on the ground that the petitioner seeks permission to be accompanied by at least one person during the inspection, contending that the petitioner is not well conversant with the language and contents of the information sought

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