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2016 Supreme(Del) 1405

S.RAVINDRA BHAT, DEEPA SHARMA
ELIAMMA SEBASTIAN – Appellant
Versus
MINISTRY OF HOME AFFAIRS – Respondent


Advocates Appeared:
For the Appellant :Sh. Ramesh Singh, amicus curiae with the petitioner in person.
For the Respondent:Sh. Roshan Lal Goel, Advocate, for UOI/Respondent No.1.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. The petitioner who appeared and represented herself in this writ petition is aggrieved by the order of the Chief Information Commissioner (“CIC”) dated 16.07.2008 whereby the petitioner’s appeal was held to be not maintainable. The CIC reasoned that Cooperative Societies are not public authorities to whom the RTI Act applies.

2. The petitioner has been a member of the Sangha Mitra CGHS (“Society”) since 1995. However, during the course of her membership, a number of disputes have arisen leading to several rounds of litigation. Amongst various allegations, she accused the Society of committing fraud, embezzlement and accounts-tampering; in this regard she had filed several RTI applications seeking audit reports and various other documents pertaining to the working of the Society as well as its accounts. She claims to have been seeking these documents by filing RTI applications since 2006, for almost 10 years. She alleges that despite several representations in this regard to the Society and the Registrar of Cooperative Societies (“RCS”) no action was taken and it is her case that the Society was committing further fraud.

3. The Society, on the other ha





























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