T.V. Nalawade, J.

The petition is filed by the association of Jalgaon Zilla Urban Cooperative Banks, Credit Societies and other financial institutions registered under the Maharashtra Cooperative Societies Act 1960. It is the contention of the petitioner that in view of the provisions of section 2(h) and section 8 of the Right to Information Act 2005 (hereinafter referred to as "the Act"), cooperative institutions registered under the Cooperative Societies Act cannot be treated as public authority. It is also contention of the petitioner that in view of the provision of section 34A of the Banking Regulation Act, 1949 these institutions are not bound to disclose certain information which, according to them, is confidential in nature. It is also contention that these institutions are not receiving financial aid from the Government directly or indirectly and so the provisions of the Act cannot be made applicable to them.

2. It is the grievance of the petitioner that inspite of the aforesaid provisions, the authorities created under the Cooperative Societies Act are insisting the institutions to pass on information in respect of the conduct of business and other things of the societies to the members or even general public under the provisions of the Act.

3. The petition is filed under provisions of Articles 226 and 227 of the Constitution of India and following reliefs are claimed :

(a) Call for record and proceedings of the case.

(b) Hold and declare that the urban cooperative banks, cooperative financial institutions, Patpedhis and other cooperative societies which are registered under the Maharashtra Cooperative Societies Act 1960, are not the public authorities within the meaning of Section 2(h) of the Right to Information Act and for that purpose issue necessary orders. Or in the alternative and without prejudice to

the above prayer (b) Hold and declare that the urban cooperative bank, cooperative financial institution, Patpedhis and other cooperative societies, which are registered under the Maharashtra Cooperative Societies Act 1960 stand exempted from disclosure of information u/s 8)1 (d), (e) and (j) of the Right to Information Act and for that purpose issue necessary orders.

(c) Issue a writ, order or direction or any other order in the nature of writ of mandamus thereby restraining the officers of the cooperative department and/or their subordinates from supplying any information to the members or general public, which is, according to the said societies is confidential in the commercial interests of the said societies and for that purpose issue necessary orders.

(d) Pending the hearing and final decision of this writ petition restrain the respondent and/or offices and subordinates from disclosing any information other than balance sheet and profit and loss accounts of the cooperative societies, urban banks and Patpedhis to the general public and/or members, under Right to Information Act and for that purpose issue necessary orders."

4. Learned counsel for the petitioner submitted that many such proceedings were filed by different cooperative institutions and by order dated 17-2-2009 this Court had tagged the present matter with Writ Petition No.187/2008.

Learned counsel submitted that Writ Petition No.187/2008 came to be decided along with other similar petitions on 10-4-2015 and this Court by referring the case reported as 2011(5) Bom.C.R. 128 (Agricultural Produce Market Committee v. Meghraj Pundlikrao Dongre and Others) held that the provision of the Act cannot be used against cooperative institutions registered under the Maharashtra Cooperative Societies Act, 1960. By the said decision, the orders made by the authorities created by the Government under the Maharashtra Cooperative Societies Act, 1960 against the institutions to direct them to supply information as it was required to be supplied by the authorities to the persons who had filed applications, are quashed and set aside by this Court. Learned counsel subm