EC refuses to disclose Lavasa’s dissent note, says it may ‘endanger life or physical safety’ of individual

Financial Express: PTI: New Delhi: Tuesday, June 25, 2019.

The commission said that it was exempted information and may 'endanger the life or physical safety' of the individual. The EC made this statement in response to an RTI application filed by Pune-based activist Vihar Durve.

The Election Commission has refused to share the dissent notes of Ashok Lavasa on decisions that gave clean chits to Prime Minister Narendra Modi during Lok Sabha elections. The commission said that it was exempted information and may ‘endanger the life or physical safety’ of the individual. The EC made this statement in response to an RTI application filed by Pune-based activist Vihar Durve.

The activist had requested the EC to disclose the dissent notes submitted by Commissioner Lavasa about Prime Minister Modi’s election rally speeches at Wardha, Latur, Patan, Barmer and Varanasi. However, the PTI reports that the Commission cited Section 8(1)(g) of the RTI Act that exempts disclosure of information which can potentially endanger life and physical safety of a person or the source of the information or assistance given in confidence for law enforcement or security purposes.

It was alleged that the Prime Minister had breached the model code of conduct by invoking minority community and army. However, the Commission found no substance in all the allegations and gave clean chit in all the cases. According to PTI, the activist had also sought information about the procedure followed while giving clean chits to the Prime Minister in all those speeches. However, the EC denied the information citing Section 8(1)(g) of the act.

Lavasa had reportedly dissented on a series of clean chits given by the commission to Prime Minister Modi and BJP president Amit Shah. As his demand to record his dissent notes in the EC’s orders was not met, Lavasa had recused himself from cases relating to the violation of the Model Code of Conduct.

A panel comprising Chief Election Commissioner Sunil Arora and members reportedly deliberated on the issue after which the poll body decided that the dissent notes and minority views would not be recorded and made public.