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2009 Supreme(Ker) 697

K.BALAKRISHNAN NAIR, C.T.RAVIKUMAR
Thalapalam Service Co-Operative bank Limited, Rep. by its Secretary K. M. Narayananpillai – Appellant
Versus
Union Of India, Represented By Its Secretary to law Department, Central Secretariat – Respondent


Advocates Appeared:For the Petitioner:P.V. Baby, A.N. Santhosh, Advocates. For the Respondents:R1, P. Parameswaran Nair, Assistant Solicitor General, R2, R3 & R5, A.G. Aneetha, Spl. Govt. Pleader, R4, M. Ajay, Sc, State Information, R6, Shaji Thomas porkattil, Advocate.

Judgment :-

Balakrishnan Nair, J.

The main point that arises for decision in these appeals is whether the Co-operative Societies, which are the appellants in these cases, are 'public authorities', as defined under Section 2 (h) of the Right to Information Act, 2005 (Central Act 22 of 2005). Since the very same point arises in all these appeals, they are heard together and disposed of by this common judgment.

W.A.No.1417/2009:

2. This appeal is treated as the main case for the purpose of referring to the exhibits. The appellant was the writ petitioner. It was a service co-operative bank registered under the Kerala Co-operative Societies Act. The brief facts of the case are the following:

The Registrar of Co-operative Societies issued Ext.P1 Circular No.23 of 2006 dated 1.6.2006 to all Co-operative Societies like the appellant, stating that all Co-operative Societies under the control of Registrar of Co-operative Societies are public authorities under the Right to Information Act, 2005 (hereinafter referred to as "the R.T.I. Act"). By the aforesaid circular, all Co-operative Societies were alerted of their liability to furnish information to all applicants as provided under the R.T.I.
















































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