The State Information Commission in Kohima has not decided my second RTI appeal for two years. What can I do?

Detailed Legal Analysis

If the State Information Commission in Kohima has not decided your second RTI appeal for two years, you can take several steps to expedite the process and seek a resolution.

Under the Right to Information Act, 2005 (RTI Act), you have the right to access information and the State Information Commission is obligated to decide on appeals in a timely manner. Here are the steps you can take:

• File a Complaint: You can file a complaint against the State Information Commission for not disposing of your appeal within a reasonable time. According to Section 18 of the RTI Act, the Commission can take action for not complying with the provisions of the Act.
• Write a Reminder: Send a formal reminder letter to the State Information Commission, requesting an update on your pending appeal. Clearly state the details of your application, the date of submission, and the timeline of your follow-ups.
• Contact Higher Authorities: If you do not receive a satisfactory response, consider reaching out to higher authorities within the Commission or the Chief Information Commissioner (CIC). You can find their contact details on the official website of the State Information Commission.
• File a Writ Petition: If all else fails, you may file a writ petition in the High Court under Article 226 of the Constitution of India. This can be done to seek a direction to the State Information Commission to expedite your appeal. A writ petition can compel the Commission to act on your matter.
• Engage a Legal Practitioner: Consult with a legal expert who specializes in RTI matters. They can provide guidance on the best course of action and represent you in legal proceedings if necessary.

Additionally, it is important to keep documentation of all your communications with the State Information Commission, including copies of your RTI applications, appeals, and any responses received. This documentation will be useful in any further actions you undertake.

Lastly, the RTI Act mandates timely responses, and delays can be reported to the Central Information Commission as well. You can also raise awareness of your situation through media or civil society organizations advocating for transparency and accountability.