"C.R."

1. These writ petitions raise the question of applicability of the Right to Information Act, 2005, hereinafter, the RTI Act, to co-operative societies registered under the Kerala Co- operative Societies Act, 1969, for short, the KCS Act.

2. The Registrar of Co-operative Societies issued circular No.23/06, taking the view that all cooperative societies registered under the KCS Act, hereinafter, for short, the societies, are under the administrative control of the Registrar and therefore, public authorities for the purpose of the RTI Act. Directions were hence issued, requiring all societies to discharge the obligations as public authorities under the RTI Act and to follow the procedure stated therein.

The Information Officers in the Co-operative Department of the State Government commenced acting on complaints of non-consideration of requests for information made by different persons to societies. These writ petitions are hence filed, seeking to quash the aforesaid circular and for a declaration that the RTI Act does not apply to societies registered under the KCS Act. Certain actions taken by the officers under the KCS Act and orders issued by the State Information Commission touching the issue, in individual cases, are also under challenge.

3. In its gist, the contention advanced by the petitioners is that the societies are not public authorities as defined in Section 2 (h) of the RTI Act, but are establishments over which, the statutory provisions under the KCS Act and Kerala Co-operative Societies Rules 1969, for short, the KCS Rules, framed under that Act, apply, providing access to information by recourse to those procedures. On behalf of the petitioners, it is argued that societies are not established or constituted by or under the Constitution; by any other law made by Parliament; by any other law made by the State Legislature or by notification issued or order made by the appropriate Government and that they are not bodies owned, controlled or substantially financed by funds provided by the appropriate Government and hence, do not fall within the definition of "public authority" under Section 2 (h) of the RTI Act. The obligation to act in terms of Section 4 (1) of the RTI Act is confined only to "public authorities" as defined in that Act and therefore, the Registrar of Co-operative Societies had acted contrary to the statutory provisions and without authority, in issuing the impugned circular, it is contended.

4. Per contra, on behalf of the State of Kerala, the Registrar of Co-operative Societies, the State Information Commission and the contesting private respondents, it is argued that the applicability of RTI Act to societies cannot be excluded in terms of the clear provisions contained in the RTI Act and that the provisions available in the KCS Act and Rules thereunder is no answer to exclude the applicability of the RTI Act. It is further argued that there is no ambiguity in the RTI Act and the same has to be interpreted to give effect to that Act. It is further argued that at any rate, having regard to the definition of information in Section 2 (f) of the RTI Act, the access to information in relation to societies cannot be denied Is the right to information in relation to co-operative societies available under the RTI Act?

5. Section 3 of the RTI Act states that subject to the provisions of that Act, all citizens shall have the right to information. Section 2 (f) of the RTI Act which defines information reads as follows:

"Information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.

6. Going by the afore-quoted, information relating to any private body, which can be accessed by a p