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District Election Officer Rubbishes Pune Municipal Commissioner’s Decision To Deny Flood Report Citing Model Code of Conduct!
Vinita Deshmukh 14 November 2024
Public Interest
In a surprising justification from someone as senior as an Indian Administrative Service (IAS) officer, the denial of information under the Right to Information (RTI) Act has been attributed to the model code of conduct currently in effect in Maharashtra due to the upcoming Assembly elections scheduled for 20th November.
 
Noted RTI activist Vivek Velankar sought information under Section 4 of the RTI Act of certified copies of the two parts of the flood control report, submitted by a committee, after the flash floods in July 2024 in Pune that witnessed heavy disruption. While four lives were lost, many residential complexes in the city’s low-lying areas have been flooded, prompting the deployment of army personnel to expedite the evacuation efforts. Chief minister Eknath Shinde also swung into action. ANI news agency tweeted thus: 
 
 
The Pune municipal corporation (PMC) has a historic first to its credit, for the `RTI Open Day’ every Monday from 3pm to 5pm, to facilitate citizens to conduct inspection of files as per suo motu disclosures under section 4 of the RTI Act, in any department of this civic body.
 
Thus, RTI activist Velankar, in the last week of October 2024, visited the relevant public information officer (PIO) for copies of the flood control report which was submitted to the PMC by four engineers of this civic body. However, he was told that it was with municipal commissioner Dr Rajendra Bhosale. Accordingly, Mr Velankar visited Dr Bhosale and made the request. The latter took it out from his cupboard and showed the report to Mr Velankar. 
 
Mr Velankar says, “The two-part report had detailed information about the reasons for the dangerous nature of flash floods which were largely human-made. These comprised encroachments on water bodies, flouting of rules by the builders, concretising natural small streams and so on.”
 
When Mr Velankar requested a copy of part 2 of the report immediately after having gone through it, Dr Bhosale declined, stating that the model code of conduct is in effect presently, due to the Maharashtra Assembly elections and, hence, he was was unable to provide it. Mr Velankar challenged him to give it in writing to which Dr Bhosale said he should make a formal request.
 
Thereafter, Mr Velankar submitted a formal request for a certified copy of part 2 of the flood control report which had crucial details of the reasons for the disaster. To this, Milind Chaturbhuj, PIO of PMC, officially parroted what his boss had told Mr Velankar – that Mr Velankar had already been shown the information, but the copy of the report could not be given due to the existing model code of conduct.
 
 
Mr Velankar approached Suhas Divse, collector of Pune, who now is also the district election officer, who dismissed the illogical reasoning of the municipal commissioner and his PIO. When Moneylife contacted Mr Divse, he reiterated that “The model code of conduct has nothing to do with denying information. However, it is not in my jurisdiction to direct a senior officer like the municipal commissioner to provide information. Hence, I have directed Mr Velankar to deal with it as per the provisions of the RTI Act and take the next step accordingly.”
 
Another RTI Activist, Vijay Kumbhar is shocked at this reply and stated, “It is strange that the report was shown to Mr Velankar but he was refused a copy of it because of the model code of conduct. How can a municipal commissioner who is a senior IAS officer, give such a foolish answer?”
 
Former central information commissioner (CIC) and RTI activist Shailesh Gandhi stated sternly, “What has the model code of conduct got to do with the RTI Act, which is a law? Have they suspended all laws in the state of Maharashtra because of the model code of conduct? If this is the stance of the IAS officer, then it must come after the state government and the election commissioner having an open position by declaring that all laws are officially suspended during election time. It is preposterous.”
 
First, we have largely bureaucrats who, after their retirement, become CICs to continue red tapism and now we have a serving IAS officer who either pretends or does not know the RTI law. Indeed, distressing.
 
(Vinita Deshmukh is consulting editor of Moneylife. She is also the convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting, which she won twice in 1998 and 2005 and the Chameli Devi Jain Award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book "To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte" with Vinita Kamte and is the author of "The Mighty Fall".)
Comments
DeepakSB
4 months ago
Even Ayushman health card for sr citizens age 70 and above,issuance of Ayushman cards halted for election in Maharashtra.
Will illness wait for election to be over ???????
.Its one of the most beaurocretic,high handedness,british era servent attitide of governments departments to hide in efficiency and added corruption.
Reply
Meenal Mamdani
4 months ago
Obviously the culprits who broke rules and caused the havoc must be standing as candidates in the upcoming election and the Municipal Commissioner does not want their names to be made public as it will surely affect their ability to get votes in the upcoming election.
Reply
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