Advocate Sarthi Vats

Questions Answered by Advocate Sarthi Vats

Q: Voter ID address shifting out of constituency during Special Intensive

My father submitted Form 8 online five days ago for Name Correction and Mobile Number Registration. We now need to file a second request to shift his address out of the constituency. However, the portal does not allow us to file a new request while the first Form 8 is still pending. Since the Special Intensive Revision (SIR) is starting in 4 days, we are concerned about missing the deadline. Kindly guide us what to do

Advocate Sarthi Vats answered
Since one Form 8 application is already pending, the portal will not permit submission of another request until the first application is disposed of. In such circumstances, you should immediately contact your concerned Electoral Registration Officer (ERO) or Booth Level Officer (BLO) and explain the urgency. Request them to expedite disposal of the pending Form 8 (or withdraw it, if appropriate) so that a fresh application for shifting the address can be submitted. If the Special Intensive Revision (SIR) commences before the pending application is resolved, you should also visit the ERO office in person with all supporting documents and submit a written representation seeking permission or guidance to ensure that your father’s electoral record is not adversely affected. Please keep copies of the pending Form 8 acknowledgement and the written representation for future reference.This is practical advice because the system generally does not allow multiple simultaneous applications for the same EPIC, and the ERO is the appropriate authority to resolve the issue.

Q: RTI TRANSFER under section 6(3)

My RTI application was transferred under Section 6(3) of the Right to Information Act, 2005, to the Municipal Corporation. The original RTI application on the RTI Online Portal now shows the status as "Disposed Of", and I have also received a speed post letter informing me that the application has been transferred and that I may contact the Municipal Corporation directly. Since the original application has been closed on the portal, how can I track the status of the transferred RTI application?

Advocate Sarthi Vats answered
When an RTI application is transferred under Section 6(3) of the Right to Information Act, 2005, the RTI Online Portal only tracks the application until the transfer is completed. Therefore, the status of the original application is correctly shown as “Disposed Of”, because the public authority that originally received it has completed its statutory obligation by transferring it.The transferred application is not automatically tracked on the RTI Online Portal. To monitor its progress, you should:1. Check the transfer letter carefully. It should mention the name and address of the Municipal Corporation/Public Information Officer (PIO) to whom the application has been transferred, along with the date of transfer.2. Contact the concerned PIO of the Municipal Corporation using the details provided in the transfer letter. Quote your original RTI registration number and enclose a copy of the transfer letter while seeking the status.3. Keep track of the statutory time limit. Under the RTI Act, where an application is transferred under Section 6(3), the transferee public authority must provide the information within 30 days from the date of receipt of the transferred application. (The transfer itself must ordinarily be made within five days.)4. If no reply is received within the prescribed period, you may file a First Appeal under Section 19(1) before the First Appellate Authority of the Municipal Corporation, mentioning the original RTI application number and enclosing the transfer letter.Therefore, once an RTI application is transferred, there is generally no online tracking facility on the Central RTI Portal for the transferee authority. The status has to be obtained directly from the concerned Municipal Corporation unless that authority has its own RTI tracking mechanism.Practical Tip: If this query relates to Delhi MCD, you can also email or call the concerned PIO/RTI Cell and ask them to provide the new inward/diary number assigned to your transferred RTI. That number can be used for all future correspondence and appeals.