W.P. No. 12292(W) of 2009. Case: Metropolitan Cooperative Housing Society Ltd. and Anr. Vs The State Information Commission and Ors.. High Court of Calcutta (India)

Case NumberW.P. No. 12292(W) of 2009
CounselFor Appellant: Debasis Kundu and Indranil Nandi, Advs. And For Respondents: Raghunath Chakraborty and Ira Ghosh, Advs. and Keshab Bhattacharya, Adv.
JudgesDipankar Datta, J.
IssueBengal Cooperative Societies Act, 1940; West Bengal Cooperative Societies Act, 1983 - Section 40; Right to Information Act, 2005 - Sections 2, 19, 19(1) and 19(3); Constitution of India - Articles 226 and 227; West Bengal Cooperative Societies Rules, 1987 - Rule 68 and 68(1)
Judgement DateMay 10, 2010
CourtHigh Court of Calcutta (India)

Judgment:

Dipankar Datta, J.

1. The first petitioner is a co-operative society, registered in accordance with the provisions of the Bengal Cooperative Societies Act, 1940, since repealed and replaced by the West Bengal Cooperative Societies Act, 1983 (hereafter the Act). The second petitioner is the secretary of the first petitioner.

2. The fifth respondent is a member of the first petitioner. By his letter dated 15.7.2008 addressed to the second petitioner, he prayed for supply of certified copy of the minutes of the meeting of the Board of Directors of the first petitioner held in the month of June, 2008. In praying so, the second petitioner exercised his right conferred by Section 40 of the Act read with Rule 68 of the West Bengal Cooperative Societies Rules, 1987 (hereafter the Rules). He expressed his desire to collect the certified copy on 27.9.2008 and undertook to pay the prescribed charges at the time of collection thereof.

3. The second petitioner did not accede to such prayer of the fifth respondent. Finding no option, the fifth respondent by his letter dated 9.9.2008 requested the Registrar of Cooperative Societies, Government of West Bengal to furnish him information under the Right to Information Act, 2005 (hereafter the RTI Act) and the rules framed thereunder. In particular, he sought for certified copy of the minutes of the meeting of the Board of Directors held in the month of June, 2008 upon payment of prescribed charges.

4. The request of the fifth respondent for information under the RTI Act was forwarded by the Deputy Registrar of Cooperative Societies, the third respondent, to the second petitioner vide letter dated 12.9.2008. Soon thereafter the petitioner received a notice dated 21.10.2008 seeking to convey to them that the fifth respondent had filed a first appeal under the RTI Act feeling aggrieved by non-supply of certified copy of the aforesaid minutes and that the appeal would be heard by the Joint Registrar of Co-operative Societies being the appellate authority, the fourth respondent herein, on 7.11.2008. The fourth respondent heard the fifth respondent and the second petitioner on 7.11.2008. Submission of the learned advocate appearing for the petitioners before the fourth respondent to the effect that the fifth respondent had no right to seek information under the RTI Act and that he ought to avail the provisions of the Act and the rules for solution in this regard was recorded. His further submission that the State Public Information Officer, Co-operation Directorate has no power to direct the first petitioner to provide information was also recorded.

5. Upon hearing the parties, the fourth respondent passed the following order:

Now, therefore, on the basis of facts and circumstances as above, it is hereby ordered that the Secretary, Metropolitan Cooperative Housing Society Ltd., shall supply the information with a certified copy of the meeting of the Board of Directorate of the society held in the month of June, 2008 within 15 days from the date of hearing to the SPIO, Cooperation Directorate and the SPIO, Cooperation Directorate in term shall communicate the same to the appellant within 7 days from the date of receipt of the information along with the certified copy of the said board meeting received...

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