IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 03.09.2025 Saraswati Kunj, Cooperative Housing Building Society Ltd. ….Petitioner Versus State Information Commission, Haryana and others ….Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Raghav Dayal Gupta, Advocate, for the petitioner.

Mr. Bhupender Sngh, Additional A.G., Haryana.

Mr. Pardeep Kumar Rapria, Advocate, for respondent No.5.

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KULDEEP TIWARI, J. (Oral)

1. The petitioner, which is a Private Cooperative House Building Society, registered under the erstwhile Punjab Cooperative Societies Act, 1961, (now governed under the Haryana Cooperative Societies Act, 1984), has knocked the doors of this Court, for quashing of the final order dated 28.02.2024 (Annexure P-11), passed by the State Information Commissioner, Haryana-respondent No.2, and also the notice/order dated 03.05.2024 (Annexure P-12), issued by respondent No.1, directing it to provide information sought by respondent No.5, under the Right to Information Act, 2005 (hereinafter referred to as, ‘the RTI Act’).

2. Learned counsel for the petitioner submits that petitioner, being a Private Cooperative House Building Society, is not amenable to the RTI Act, therefore, the direction passed upon it, to supply the information to respondent No.5, is against the statutory principles. He further submits that the issue involved for consideration in the instant writ petition is no more res integra, as the Hon’ble Supreme Court in Thalappalam Ser. Coop. Bank Ltd. and others Vs. State of Kerala and others, 2013 (16) SCC 82, has categorically held that the Cooperative Societies, registered under the Cooperative Societies Act, do not fall within the definition of public authority, as defined under Section 2 (h) of the RTI Act:-

“54. We, therefore, hold that the Cooperative Societies registered under the Kerala Co-operative Societies Act will not fall within the definition of “public authority” as defined under Section 2(h) of the RTI Act and the State Government letter dated 5.5.2006 and the circular dated 01.06.2006 issued by the Registrar of Co-operative Societies, Kerala, to the extent, made applicable to societies registered under the Kerala Co-operative Societies Act would stand quashed in the absence of materials to show that they are owned, controlled or substantially financed by the appropriate Government. Appeals are, therefore, allowed as above, however, with no order as to costs.”

3. Further, he submits that, while adopting the ratio laid down in the verdict (supra), the Madras High Court in President, Z.B.70, Madhanam Primary Agricultural Vs. State Information Commissioner, 2024 AIR Madras 239, clearly emphasized that a Co-operative Society registered under the Tamil Nadu Co-operative Societies Act, is not bound by the RTI Act, to provide the information sought by a citizen, as the said Society does not fall within the definition of Public Authority. In this regard, he refers to paragraph 9 and 11:-

9. In paragraph 54 of the judgment in the case of Thalappalam Service Cooperative Bank Ltd. and Others Vs. State of Kerala and Others [2013 (7) MLJ 407 (SC)], the Hon'ble Supreme Court has held as follows:

“We, therefore, hold that the Cooperative Societies registered under the Kerala Co-operative Societies Act will not fall within the definition of “public authority” as defined under Section 2(h) of the RTI Act and the State Government letter dated 05.05.2006 and the circular dated 01.06.2006 issued by the Registrar of Co-operative Societies, Kerala, to the extent, made applicable to societies registered under the Kerala Co-operative Societies Act would stand quashed in the absence of materials to show that they are owned, controlled or substantially financed by the appropriate Government. Appeals are, therefore, allowed as above, however, with no order as to costs.”

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11. In view of the above decisions, it is made clear that a cooperative society registered under the Tamil Nad