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2009 Supreme(Kar) 951

IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
Mohan Shanthanagoudar, J.
Public Information Officer and Secretary, Shrimad Raghavendra Co-Operative Housing Society Limited —Appellant
Vs.
Karnataka State Information Commission and another —Respondent
Writ Petition No. 17889 of 2007
Decided on : 25-02-2009

Advocates:
Advocate Appeared:
Mr. Amol Marate, for the Appellant
Mr. K.B. Adhyapak, High Court Government Pleader, for the Respondent

Headnote:RIGHT TO INFORMATION ACT, 2005 - Section 2(h): [Mohan Shantanagoudar, J] Applicability to Co-operative Societies - Held, The Right to Information Act, 2005 is not applicable to Co-operative Societies, in as much as, Co-operative Societies cannot be treated as a public authority. There is nothing on record to show that the petitioner-Society is neither owned nor funded or controlled by the State. In view of the same, the impugned order cannot be sustained.

ORDER

Mohan Shanthanagoudar, J.— Heard Sri Amol Marate, learned Counsel appearing on behalf of petitioner and Sri KB. Adhyapak, learned Government Pleader appearing on behalf of respondents and perused the material on record.

2. By the impugned order vide Annexure-D, dated 25-9-2007, the respondent 1 has directed the petitioner to provide certain information.

3. Petitioner is a Co-operative Society. As has been held by this Court in number of judgments, including the one reported in the case of Dattaprasad Co-Operative Housing Society Ltd. Vs. Karnataka State Chief Information Commissioner and Another, AIR 2009 Kant 1 the Right to Information Act, 2005 is not applicable to Co-operative Societies, inasmuch as, Co-operative Societies cannot be treated as a public authority. There is nothing on record to show that the petitioner-Society is neither owned nor funded or controlled by the State. In view of the same, the impugned order cannot be sustained. Accordingly, the following order is made:

4. The order vide Annexure-D, dated 25-9-2007 stands quashed. Writ petition is allowed accordingly.



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