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2012 Supreme(Ker) 311

High Court of Kerala
C.N. RAMACHANDRAN NAIR, B.P. RAY & P.N. RAVINDRAN
The Mulloor Rural Co-Operative Society Ltd. Rep. By Its Secretary
Versus
The State Of Kerala, Rep. By The Chief Secretary To Government, Secretariat, Trivandrum Others
WRIT APPEAL NO. 1688 OF 2009
Decided On : 10-04-2012

Advocates Appeared:
For the Petitioners:K.B. Pradeep, Advocate.
For the Respondents: R1 - D.Somasundaram, Sr. G.P., R2 -M. Ajay, Sc, State Information Commn.

Headnote:Right to Information Act, 2005, Section 2(h) (c) - Co-operative Societies Act, 1969 (Kerala) - Public authority under Kerala Co-operative Societies Act is held as the statutory authority as per Clause (c) of Section 2(h)-RTI act has the authority to make information if Co-operative Societies are registered under Kerala Co-operative Societies Act.

Judgment :-

Ramachandran Nair, J.

1. This Writ Appeal is filed against judgment of the learned Single Judge holding that a Co-operative Society registered under the Kerala Co-operative Societies Act (hereinafter called "the KCS Act") answers the definition of "public authority" as defined under Section 2(h) of the Right to Information Act, 2005 (hereinafter called "the RTI Act") and hence the Registrar of Co-operative Societies was within his powers in issuing the order impugned in the Writ Petition directing all societies to constitute authorities under the RTI Act for furnishing information sought about societies. When the Writ Appeal filed by the appellant- society against the judgment of the learned Single Judge came up before the Division Bench of two of us(CNR & BPR (JJ)), we were referred to another Division Bench decision of this court in THALAPPALAM SERVICE COOPERATIVE BANK LTD. Vs. UNION OF INDIA AND OTHERS reported in 2009(3) KHC 901 wherein that Bench took the view that a society would become a "public authority" within the meaning of Section 2(h) of the RTI Act only if such society is "substantially financed by the Government". However, after going through the said judgment and after hearing the matter, the Division Bench doubted the correctness of the above judgment and vide order dated 24.3.2011 the issue was referred for consideration by the Full Bench and hence this appeal is posted before us.

2. We notice that in the judgment under appeal the learned Single Judge after elaborately considering the scheme of constitution, registration and management of cooperative societies under the KCS Act and the Rules made thereunder felt that the all pervasive control and supervision the Government and statutory authorities particularly, the Registrar and Joint Registrar of Co-operative Societies exercise over the societies and the rights of the members and the public and the corresponding obligations of the societies and it's Managing Committee and employees necessarily bring every society under the definition of "public authority" under Section 2(h) of the RTI Act. Consequently the Circular issued by the Registrar of Co-operative Societies Act directing societies to implement the provision of the RTI Act was upheld. It is against this judgment the Appellant-society has filed this Writ Appeal contending that societies registered under the KCS Act are not "public authorities" as defined under the RTI Act. We have heard counsel appearing for the Appellant, Senior Government Pleader for the first respondent, Standing Counsel appearing for the second respondent and also counsel appearing for the third respondent. Since the question to be considered is the meaning and scope of "public authority" as well as "information" as defined under the RTI Act, we extract hereunder the relevant definition clauses:

S.2 (f) "Information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, 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."

S.2 (h) "public authority" means any authority or body or institution of self-government established or constituted-

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government, and includes any-

(i) body owned, controlled or substantially financed;

(ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government."

Before proceeding to consider the question raised herein, we have to first examine the nature and functioning of the co-operative societies under the KCS Act and the object and purpose of the RTI Act. Co-operative societies are not insti



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