- (1.) This writ petition has been filed by petitioner Shri Sanwaliaji Mandir Mandal, Mandafiya, Tehsil Bhadesar, District Chittorgarh, Rajasthan, assailing order dated 02.05.2013 passed by the Chief Information Commissioner, Rajasthan Information Commission, Jaipur, and order dated 24.02.2012 passed by the Departmental Appellate Authority-cum-Commissioner, Devsthan Department, Rajasthan, Udaipur.
(2.) Respondent no.3 Kaluram Gurjar submitted an application on 02.12.2011 under the Right to Information Act to the Chief Executive Officer, Sanwaliaji Mandir Mandal, Mandafiya, whereby he demanded certain informations regarding proceedings of the Board meeting of the trust and also the agenda of the meeting. The Chief Executive Officer of the petitioner-trust sent a letter to the Principal Secretary to the Government, Devsthan Department, Rajasthan, Jaipur, on 06.01.2012, seeking guidance whether such information can be provided to respondent no.3 especially when the petitioner-trust is religious institution and no budget is allotted to it by the Central Government or the State Government, and whether information with regard to the employees working with the petitioner-trust can be provided and if so under which provision of Shri Sanwaliaji Temple Act, 1992, and whether in view of special enactment Shri Sanwaliaji Temple Act, 1992, Shri Sanwaliaji Mandir Trust is covered by Right to Information Act.
(3.) Ultimately, the petitioner-trust maintained that Shri Sanwaliaji Mandir Trust is not covered under the Right to Information Act, 2005, therefore, the information sought by the respondent no.3 could not be provided to him. The respondent no.3 preferred an appeal there against before the Appellate Authority-cum-Commissioner, Devsthan Department, Rajasthan, Udaipur. Nobody appeared on behalf of the petitioner-trust before the appellate authority. The appellate authority, by order dated 24.02.2012, allowed the appeal filed by respondent no.3, directing the petitioner-trust to provide the information as mentioned in the application dated 02.12.2011. When the respondent no.3 did not get the information as per appellate order dated 24.02.2012, he filed appeal before the Chief Information Commissioner alleging that despite direction of the appellate authority, the required information has not been supplied to him. The Chief Information Commissioner has, by impugned judgment dated 02.05.2013, allowed the appeal. Hence this writ petition by the petitioner-trust.;