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 what is held.

JUDGMENT :

Nitin Jamdar, C.J.

1. The application made by a member of the Appellant Cooperative Society under the Right to Information Act, 2005, for supplying a copy of a resolution of the Society and details of a construction contract, the State Chief Information Commissioner directed the Appellant Society to furnish the information. The learned Single Judge dismissed the writ petition filed by the Appellant Society challenging this direction. The Appellant Society has now filed this appeal under Section 5 of the Kerala High Court Act, 1958.

2. The Appellant is a Cooperative Society registered under the Kerala Cooperative Societies Act, 1969 (Act of 1969). Respondent No.4 is a member of the Appellant Society. The Appellant Society had given a contract for the construction of a building. Respondent No.4 approached the Appellant Society seeking information in respect of an agreement entered into by the Appellant Society and a Labour Contract Society and also asking for copies of the minutes of the last general body meeting. Since this was not given, Respondent No.4 filed an application on 14 January 2023 before Respondent No.3 / State Public Information Officer, under Section 6 of the Right to Information Act, 2005 (RTI Act). The Public Information Officer, by order dated 15 February 2023, informed Respondent No.4 that the documents cannot be given.

Respondent No. 4 thereafter approached the Appellate Authority under the RTI Act. The Appellate Authority disposed of the appeal on 8 May 2023. Respondent No.4 thereafter filed a second appeal before the State Chief Information Commissioner, which was rejected by order dated 14 September 2023. Respondent No.4 challenged the order of the State Chief Information Commissioner by filing W.P.(C)No.37938 of 2023. The learned Single Judge dismissed the writ petition by order dated 8 April 2024. Respondent No. 4 thereafter filed an appeal before the Division Bench bearing No.729 of 2024. The Division Bench, after considering the statutory provisions, observed that the State Chief Information Commissioner, before rejecting the application of Respondent No. 4, ought to have examined whether the information sought by Respondent No. 4 will come within the scope of information which the Registrar can access in the exercise of his powers under the Act of 1969 and the Rules framed thereunder. Since this aspect was not considered, the Division Bench set aside the orders passed by the learned Single Judge and the order passed by the State Chief Information Commissioner, and the appeal was directed to be reheard.

3. The Chief Information Commissioner, on remand, considered the appeal and concluded that the Registrar has supervisory and administrative control over the Appellant Society. Therefore, the State Public Information Officer can ask the Deputy Registrar of Cooperative Societies/Respondent No.1 (Registrar) to call for the information from the Appellant Society and furnish the same to Respondent No. 4. The appeal was accordingly allowed by the Chief Information Commissioner by order dated 17 August 2024.

4. The Appellant Society filed W.P.(C)No. 30694 of 2024, challenging the order dated 17 August 2024. The learned Single Judge observed that if the Registrar of Cooperative Societies can access the information sought by him from the Appellant Society, then the information has to be given to Respondent No. 4 under the RTI Act. Accordingly, the learned Single Judge found no reason to interfere with the order passed by the State Chief Information Commissioner and dismissed the writ petition by the impugned judgment dated 29 November 2024. Challenging this order, the present appeal has been filed.

5. We have heard Mr P. Ravindran, learned Senior Advocate for the Appellant, Mr M. Ajay, learned Standing Counsel for the State Information Commission, Mr V. Tekchand, learned Senior Government Pleader for the State and Mr P.R. Ramachandran, party in person.

6. The learned Senior Advocate for the Appellant Society