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2008 Supreme(Kar) 381

N.KUMAR
Kannikaparameshwari Co-operative Bank Ltd. – Appellant
Versus
State of Karnataka Department of Co-operation By its Secretary – Respondent


Advocates appearing for:
Petitioner: Sri K. VS. Narasimhan, Adv.
Respondents: Sri B. Veerappa, AGA, Adv.

ORDER

Kumar, J.

The petitioner has preferred this writ petition seeking quashing of Annexure-C, the Notification dated 22.9.2005 issued by the 2nd respondent.

2. The petitioner is a Co-operative Bank registered under the provisions of the Karnataka Co-operative Societies Act, 1959. The petitioner contends that the Co-operative Society is not a public authority, as such, the provisions of Right to Information Act, 2005 is not applicable to the Co-operative Society. It does not come within the meaning of a public authority under Section 2 (h) of the Act. In fact, the National Federation of Co-operative Banking has issued clarification to the effect that the Co-operative Banks/Societies are not covered under the R.T.I. Act. The 2nd respondent has issued a Notification dated 22.9.2005 as if the Co-operative Banks or Societies are public authorities. Annexure-C is the said Notification. Therefore, the petitioner contends that the said Notification is abinitio void. Therefore, they sought for quashing of Annexure-c.

3. The Right to Information Act, 2005 is passed by the Parliament setting out the practical regime of right to information for citizens to secure access to information under
























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