Co-operative societies registered under the Tamil Nadu Co-operative Societies Act are not 'public authorities' under Section 2(h) of the RTI Act and are not bound to provide information requested under the RTI Act.

ORDER :

1. This Writ Petition has been filed challenging the impugned order dated 04.05.2022 passed by the 1st respondent in S.A.No.6082/A/2022.

2. The brief facts of the case of the petitioner are as follows:

i) The petitioner is a society registered under the Tamil Nadu Co-operative Societies Act, 1983. The Management of the Tamil Nadu State Apex Co-operative Bank, District Central Co-operative Bank and Primary Agricultural Co-operative Credit Societies are vest with the Board constituted in accordance with the provisions of the Tamil Nadu Cooperative Societies Act, 1983. Further, the ultimate authorities vest in the General Body of its members. Petitioner's society is an autonomous body and the petitioner's society is not a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005. The petitioner's society is not a statutory body and is not performing any public function and will not come with the expression of 'State' within the meaning of under Article 12 of the Constitution of India.

ii) On 28.01.2022, the 4th respondent had requested the information under Section 6(1) of the Right to Information Act on 6 items including the details of the person who availed loan from the petitioner society, copy of resolutions passed in the petitioner society for the period from 2015 to 2021, details of beneficiaries of the Jewel loan issued by the petitioner's society for the period from 2015 to 2021 and details of Jewel loan waiver to till date and their Patta and Chitta, details of the beneficiaries of the Agricultural Loan issued by the petitioner's society for the period from 2015 to 2021 and their Patta and Chitta and other documents procedure by them. In pursuant to application submitted by the 4th respondent, the 3rd respondent had issued a letter dated 24.02.2022 to the petitioner's society thereby direct the petitioner's society to give the information sought by the 4th respondent. The Hon'ble Supreme Court of India in the case of Thalappalam Services Cooperative Bank Ltd. and others Vs. State of Kerala and others, (2013) 7 MLJ 407 (SC) and the Hon'ble Division Bench of this Court in the case of the Public Information Officer Vs. The Registrar, Tamil Nadu Information Commission and others, 2015 (4) CTC 105 has held that Co-operative Societies is not a Public Authority under Section 2(h) of the Right to Information Act, 2005.

iii) The Right to Information Act is not applicable to the petitioner's society. They have not furnished the above information requested by the 3rd respondent. Hence, the 4th respondent had filed an appeal before the 2nd respondent under Section 19(1) of the Right to Information Act, 2005 claiming that they are appellate body and requested to furnish the information sought by him on 10.02.2022. Thereafter, the 4th respondent had filed second appeal before the 1st respondent and requested to furnish the information sought by him under the Right to Information and the same is numbered as S.A.No.6082/A/2022. Further, the 1st respondent had passed an order dated 04.05.2022 in S.A.No.6082/A/2022 thereby direct the petitioner's society to furnish all the information to the 4th respondent as he sought under Right to Information Act, 2005. Aggrieved by the said order, the petitioner has filed this Writ Petition.

3. The 4th respondent has filed a counter affidavit, wherein, it is stated that the 4th respondent is a member of the Co-operative Society for last several years and there are serious allegations raised by various members of the Society against the society administration on allotting the crop loan, jewel loan etc. to the specific persons, who is related with them, based on the forged documents to get waiver from the Government. In the year 2021, the Government of Tamil Nadu implemented many Loan Waiver Schemes to the benefit of deprived section of the society but due to the corrupt practice of some authorities, considerable portion of the funds went into the pockets of riches and