Back
Muppathadam Service Co-Operative Bank Ltd. – Appellant
Versus
State Chief Information Commissioner – Respondent
What is the precedence of the Right to Information Act over the Kerala Co-operative Societies Act?
Key Points: - The RTI Act has overriding effect under Section 22, overriding inconsistent laws including the Co-operative Societies Act. (!) - The Co-operative Societies Act will not bar access to information if not exempt under RTI Section 8. (!) - The Registrar of Co-operative Societies is a public authority under RTI and can provide information subject to RTI exemptions. (!) - The court upheld disclosure of information sought by a member, indicating RTI rights apply to cooperative societies when information is not exempt. (!) - Thalappalam Service Co-operative Bank Limited case discusses when a cooperative society can be considered a public authority under RTI based on government financing/control. (!) (!)
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
The Right to Information Act prevails over the Co-operative Societies Act, allowing access to information unless specifically exempted.
The Registrar of Cooperative Societies has the authority to access information from a cooperative society under the RTI Act, emphasizing that 'information' includes what can be accessed, not just wha....
Power of Public authority - Cooperative Societies were duly registered under Act of 1960 - Authority under Act of 1960 could get audit done and also conduct enquiry into irregularities - Hence when i....
Petitioners must raise their contentions before the competent authority upon issuance of show cause notice under the Kerala Co-operative Societies Act, 1969, as they cannot contest the inquiry report....
The imposition of the Right to Information Act on cooperative societies by state legislation is unconstitutional due to lack of legislative competence, as it infringes on Parliament's authority over ....
The Registrar has the discretion to order an inquiry into the affairs of a society based on a complaint by a non-member, as per the provisions of the Maharashtra Cooperative Societies Act 1960.
S.66A gives due authority/power to the Registrar to give such directions. The Section empowers the Registrar to give general directions for furtherance of the purposes of the Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
