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2010 Supreme(Mad) 2669

Before the Madurai Bench of Madras High Court
THE HONOURABLE MR. JUSTICE S. MANIKUMAR
Karanathi Tamil Sangam
Versus
R. Sivaprakasam & Another
W.P. (MD) No.5729 of 2008 and Others
Decided on : 06-07-2010

Advocates appeared:
For the Petitioner:V.K. Vijayaragavan, Advocate.
For the Respondent:Pala. Ramasamy, Special Government Pleader, M. Karunanithi, Advocate.

The main legal point established in the judgment is the interpretation of the definition of 'public authority' under the Right to Information Act, emphasizing the inclusion of non-governmental organizations substantially financed by the appropriate Government and the legislative intention to promote transparency and accountability.

Headnote:

Right to Information Act - Tamil Nadu Societies Registration Act - Section 36 of the Registration Act - Sections 2(f), 2(h), 8 of the Right to Information Act, 2005 - Section 3 of the Tamilnadu Right - Sections 11, 14(1), 17 of the Tamilnadu Societies Registration Act, 1975 - Rule 23 of the Tamilnadu Societies Registration Rules

Fact of the Case:

The petitioner, Karanthai Tamil Sangam, challenged the order of the District Registrar directing the petitioner to furnish a copy of the day book pertaining to the receipt of Rs.3 lakhs by the Sangam to the first respondent under the Right to Information Act.

Finding of the Court:

The Court found that the petitioner Sangam was substantially financed by the Government and therefore qualified as a 'public authority' under the Right to Information Act. The Court held that the direction to furnish the information was not contrary to the provisions of the Right to Information Act and the rules framed thereunder.

Issues: The main issue was whether the petitioner Sangam, being substantially financed by the Government, qualified as a 'public authority' under the Right to Information Act and was obligated to furnish the requested information.

Ratio Decidendi: The Court interpreted the definition of 'public authority' under the Right to Information Act and held that a non-governmental organization substantially financed by the appropriate Government falls within the purview of the Act. The Court also emphasized the legislative intention of the Act to promote transparency and accountability in the working of every public authority.

Final Decision: The Court dismissed the writ petition, finding that the impugned direction of the District Registrar to furnish the requested information was not manifestly illegal and was not contrary to the provisions of the Right to Information Act, 2005.

Judgment

Aggrieved by the order dated 6. 2008, passed by the District Registrar (Societies Registration, Thanjavur, 2nd respondent herein, Karanthai Tamil Sangam represented by its Secretary, petitioner herein, has filed this present writ petition.

2. Facts of the case are as follows:

Karanthai Tamil Sangam was established in the year 1911 in Karanthattangudi, Thanjavur town. The object of the society is to develop Tamil Language and spread educational institutions. The Sangam has established several educational institutions. There are 147 life members and elections are conducted periodically. The elected representatives hold the office for a period of three years and administer the affair of the Sangam.

3. According to the petitioner, the first respondent was originally a member of a Sangam. As his conduct was harmful and as he also came to adverse notice, in the general body meeting held on 29. 2002 a resolution was passed and accordingly, he was removed from the membership of the society. Aggrieved by the same, he preferred an appeal to the 2nd respondent. His removal was also confirmed and that the appeal filed by the 1st respondent and another person by name Mr. T.K.P. Govindasamy were dismissed by the District Registrar on 210. 2004 and thus, the removal of his membership has reached a finality.

4. According to the petitioner, the affairs of the society has been done in accordance with the statutory provisions and bye-laws. The first respondent filed a representation on 12. 2002, to the District Registrar Registration, Thanjavur and sought for an enquiry on the basis of some frivolous allegations made against the society, its affairs and administration. A writ petition No. 7706 of 2003 was also filed for a mandamus to consider the aboveaaid representation and this Court by order dated 13. 2003 directed the respondents therein, to dispose of the representation within a period of three months. Accordingly, an enquiry was also conducted by the competent authority and ultimately the Inspector General of Registration, Chennai, passed an order on 5. 2008, holding that the allegations and accusations made by the respondent were not proved for the purpose of appointment of an enquiry officer, as insisted by the first respondent herein, and accordingly, the said authority passed an order on 5. 2008. Thus, the matter relating to an enquiry sought for by the first respondent under Section 36 of the Registration Act has reached its finality.

5. While that be so, the first respondent sought for a xerox copy of the day book pertaining to a receipt of a sum of Rs.3,00,000/- received by the Sangam from Karanthai Arts Collage. In exercise of powers under the Right to Information Act, the District Registrar, Thanjavur, 2nd respondent herein, lay his order dated 6. 2008, has directed the Managing Director of Karanthai Tamil Sangam to issue a xerox copy of the abovesaid document. The said order is put to challenge in this writ petition.

6. Assailing the correctness of the impugned directions, Mr. Vijayaraghavan, learned counsel for the writ petitioner, submitted that the petitioner Sangam not being aided by the Government, does not fall within the ambit of Right to Information Act, to accede to the request of the first respondent.

According to him, the society has to function as per the provisions of the Societies Registration Act and the bye-laws made thereunder and inasmuch as by resolution No.7 dated 29. 2002, the membership of the first respondent has already been terminated, he has no legal or statutory right to seek for any information, even under the Right to Information Act.

7. Inviting the attention of this Court, to an order passed in case No. 29011/Q/07 dated 2. 2008 by the Tamilnadu Information Commission on a query dated 310. 2007, made by Thiru. M. Saravanamuthu, regarding the functions of a welfare association not aided by the government, leaned counsel for the petitioner submitted that when the state information Commissi































































































































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