IMPORTANT POINT
The Right to Information Act prevails over the Co-operative Societies Act, allowing access to information unless specifically exempted.

JUDGMENT :

D. K. Singh, J.

Heard Mr P Deepak, learned Senior Counsel, assisted by Mr Sabu M R learned Counsel for the petitioner, Mr M Ajay, learned Standing Counsel for the State Chief Information Commissioner, Mr V S Sreejith, learned Government Pleader for 2nd and 3rd respondents and Mr P R Ramachandran Party-in-Person, the fourth respondent.

Facts:

2. The challenge in this writ petition is the order dated 17.08.2024 passed by the State Information Commission, Kerala, in Ext.P5 whereby the State Information Commission has directed the State Public Information Officer and Deputy Registrar (Administration), Office of the Joint Registrar Co-operative Societies, Kakkanad to give information sought by Mr P R Ramachandran, the applicant for which he made an application before the first respondent in respect of the Petitioner Co-operative Bank.

3. The petitioner is a Co-operative Society registered under the provisions of the Co-operative Societies Act 1969. Mr P R Ramachandran, the fourth respondent, is a member of the Petitioner-Co-operative Society who submitted an application dated 14.01.2023 seeking information in respect of an agreement entered into between the Petitioner-Society and a Labour Contract Society involved in the construction business. The Petitioner-Society had given a contract for the construction of a building for the Petitioner-Society. The fourth respondent also sought a copy of the minutes of the last General Body Meeting of the Society. The Information Officer, vide order dated 15.02.2023, informed the fourth respondent that as the documents were not in their possession, it was not possible to provide copies of those documents.

3.1 The fourth respondent filed an appeal before the second respondent against the said order of the Public Information Officer. The second respondent vide order dated 08.05.2023 affirmed the order passed by the Public Information Officer and rejected the appeal. The fourth respondent thereafter approached this Court by filing W.P.(C) No.37938/2023 challenging the order dated 08.05.2023 passed by the Appellate Authority in Ext.P2. The said writ petition came to be dismissed vide judgment dated 08.04.2024. It was held that the petitioner is a Co-operative Bank functioning under the provisions of the Kerala Co-operative Societies Act and is not an Institution under the control of the Registrar of Co-operative Societies.

3.2 The said judgment dated 08.04.2024 was carried in appeal before the Division Bench of this Court in W.A. No.729/2024. The Division Bench vide judgment dated 02.07.2024 disposed of the appeal directing the State Chief Information Commissioner to reconsider the appeal. On remand, the first respondent, the State Chief Information Commissioner has passed the impugned order.

Petitioner’s submission:

4. Mr P Deepak, learned Senior Counsel appearing for the petitioner, has submitted that under the provisions of the Co-operative Societies Act, the Joint Registrar or any Enquiry Officer deputed by him can have access to the documents of the Society while conducting an enquiry. The enquiry conducted would culminate in a report to be submitted to the Joint Registrar when the enquiry conducted is by an Officer other than the Joint Registrar and, in other cases, by the Joint Registrar himself. In all these cases, the documents, if any, are accessed for the purpose of preparing an enquiry report, the information accessed is in a fiduciary capacity, and the information gathered is not ‘held’ by the Joint Registrar as a public authority. It is further submitted that the documents sought are neither accessible nor held by the Joint Registrar.

4.1 It is further submitted that there was no enquiry under Section 65 or 66 of the Co-operative Societies Act against the functioning of the Petitioner-Society. Therefore, there was no question of accessing any documents of the Petitioner-Society by the Registrar or Joint Registrar. No enquiry whatsoever was conducted regarding the agreement entered by