S.MURALIDHAR
Krishak Bharti Cooperative Ltd. – Appellant
Versus
Ramesh Chander Bawa – Respondent
S. Muralidhar, J.
The Question
1. A feature common to the three petitioners - the Krishak Bharti Co-operative Ltd. (KRIBHCO) [the petitioner in W.P. (C) No. 6129/2007], the National Cooperative Consumer Federation of India Ltd. (NCCF) [the petitioner in W.P. (C) No. 7770/2008] and the National Agricultural Cooperative Federation of India Ltd (NAFED) [the petitioner in W.P.(C) No. 7787/2008] - is that each is a society deemed to be registered under the Multi-State Co-operative Societies Act, 2002 ('MSCS Act'). The question for consideration is whether each petitioner is a "public authority" within the meaning of Section 2(h) of the Right to Information Act, 2005 (RTI Act)? The Central Information Commission (CIC) has, by an order dated 9th September 2008 (in the case of NAFED and NCCF) and by an order dated 10th July 2007 (in the case of KRIBHCO) answered the question in the affirmative. The CIC's aforementioned orders have been challenged in these petitions.
The Context
2. Before proceeding to notice the facts in each of the petitions, it is necessary to interpret the words "public authority" under Section 2 (h) of the RTI Act given the context of the RTI Act and in relation to the MSC
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Dhara Singh Girls High School v. State of Uttar Pradesh AIR 2008 All 92
Federal Bank Ltd. v. Sagar Thomas (2003) 10 SCC 733
J.S. Arneja v. NCCF 1994 28 DRJ 546
Krishak Bharati Co-operative Ltd. v. Union of India 2008 (154) DLT 452
Mahalakshmi Oil Mills v. State of A.P. (1989) 1 SCC 164
Mohinder Singh Gill v. The Chief Election Commissioner (1978) 1 SCC 405
Pradeep Biswas and Ajay Hasia v. Khalid Mujib (1981) 1 SCC 722
Pradeep Biswas v. Institute of Chemical Biology 2002 (5) SCC 111
R.S. Raghunath v. State of Karnataka (1992) 1 SCC 335
Reserve Bank of India v. Peerless General Finance and Investment Co. Ltd. (1987) 1 SCC 424
S.S. Rana v. Registrar Co-op. Societies (2006) 11 SCC 634
Thalapalam Service Co-operative Bank v. Union of India AIR 2010 Ker 6
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