IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
NISHAD SHOBANAN – Appellant
Versus
THE UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. challenge to rule 4(4) due to conflict with rti act. (Para 1 , 2) |
| 2. arguments regarding the misuse of rti provisions. (Para 3 , 4 , 5 , 6) |
| 3. court's observation on limits of delegated legislation. (Para 8 , 9 , 10 , 13 , 14) |
| 4. proviso declared ultra vires under rti act. (Para 15) |
JUDGMENT
The writ petitioner is challenging Rule 4(4) of the Kerala Right to Information (Regulation of Fee and Cost) Rules, 2006 (hereinafter the ‘Kerala RTI Rules’) to the extent it prescribes that the free supply of materials to persons below the poverty line shall be restricted to 20 pages only, as it is violative of the parent Act, the Right to Information Act, 2005 (hereinafter ‘the RTI Act’).
2. The petitioner, who is an RTI activist and an active member of Bodhi Vivaravakasa Samrakshana Sena, belongs to the below-the- poverty-line category and submitted an application under the RTI Act seeking information from the Co-operative Society Registrar regarding audit reports and other details of Puthenvelikkara Service Co-operative Bank and Elanthikkara Women Co-operative Sangham. In response, Ext. P2 letter dated 25.10.2023 was issued, directing the petitioner to pay Rs.30/- for copies
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