‘EC Has Not Taken a Decision on the 2025 SIR, No Info Available on 2003 Exercise’: EC's Confounding RTI Response

New Delhi: The First Appellate Authority (FAA) of the Election Commission of India (ECI) has, in response to a first appeal regarding documents related to the Bihar Special Intensive Revision (SIR), denied that the poll body had taken a decision to conduct any such exercise.

Transparency activist Anjali Bhardwaj had on July 28 filed a Right to Information (RTI) query seeking information about the SIR process that had been underway in Bihar since June 24.

Bharadwaj had sought a copy of all the files (including notings, correspondence and records which are part of the file) vide which the decision to conduct the SIR was taken. However, the poll body only sent its June circular announcing the SIR exercise in response. “Further, no any information is available in the Commission (sic),” the response said.

In response to the first appeal filed by Bhardwaj, after the ECI’s failure to furnish an adequate response, T.C. Kom, Principal Secretary and FAA of the ECI replied: 

“I have examined the original application and reply of the CPIO. As the reply is quite  inadequate, CPIO was asked to provide comments regarding availability of reference  number of all files in which the decision to initiate a Special Intensive Revision (SIR) across  the country in 2025 etc but CPIO has not provided as the requisite information is not  available with him in any material form. In this connection, the appellant is informed that  the Commission has so far not taken any decision on initiating a Special Intensive  Revision (SIR) across the country in 2025 and hence no information to be provided in  this regard. But CPIO has provided instruction of the Commission vide letter 24.06.2025  which is available with him. The appellant is further informed that RTI Act mandated to  disclose information which is available with public authority in material form  only. Hence, the appeal is disposed of accordingly.” (emphasis supplied)

The FAA’s confounding response contradicts its own June circular announcing the exercise. 

Bharadwaj had also sought a copy of the order announcing the last Intensive Revision of Electoral Rolls in Bihar in 2003 as well as the guidelines under which the exercise took place. The list of documents requested from the people was also sought in the RTI query.

In its response dated August 27, 2025, the ECI only provided a copy of the ECI’s guideline  dated 24.6.2025 which was already available on its website. No other information was provided.

In response to the first appeal filed by Bharadwaj, Kom said that as the requested information is more than 20 years old, the CPIO cannot be compelled to  provide the information. Kom also said that the RTI Act only mandates disclosure of information which is available with public authority in material form only while disposing of the request.

“I have examined the original application and reply of the CPIO. As the reply is quite  inadequate, CPIO was asked to provide comments regarding availability of copies of the  complete file related to the Special Intensive Revision (SIR) exercise conducted for Bihar in  2003, including proposal, approval, and final report. certified copies of all file notings and  internal correspondence within the Election Commission of India regarding the decision  to conduct the SIR in Bihar. But CPIO couldn’t provide the requisite information as it is not  available with him in material form. In this connection, the appellant is informed that  the information sought is more than 20 years old and the CPIO cannot be insisted to  provide the information as specified u/s 8(3) of RTI Act, 2005 . But CPIO has provided  instruction of the Commission vide letter 24.06.2025 which is available with him The  appellant is further informed that RTI Act mandated to disclose information which is  available with public authority in material form only. Hence, the appeal is disposed of  accordingly.”

Bharadwaj said that the details of the 2003 exercise were crucial as the ECI provided a special exemption to those who featured in the 2003 electoral roll in Bihar. Furthermore, the copy of the 2003 orders would have “shed light on whether ECI had sought documents to verify citizenship of voters in 2003.”

Bharadwaj also contested Kom’s claim that information more than 20 years old cannot be sought under the RTI Act. “Further, the FAA citing section 8(3) to deny information is completely contrary to the RTI  Act as this section, in fact, states that most of the exemptions listed under the Act will  cease to apply after 20 years. The RTI Act does not, in any way, exempt disclosure of  information which is more than 20 years old,” Bharadwaj said in a statement.

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.