W. P. No. 483 (W) of 2009. Case: Greenhood Co-Operative Housing Society Limited Vs State of West Bengal and Another. High Court of Calcutta (India)

Case NumberW. P. No. 483 (W) of 2009
CounselDhiman Kr. Sengupta, B. R. Patranabis, Susoban Sengupta, Prabir Kr. Chaudhury, R. N. Chakraborty
JudgesSanjib Banerjee, J.
IssueRight to Information Act, 2005 - Sections 6, 8(1), 8(3), 11, 19(1), 22; West Bengal Co-operative Societies Act, 1983 - Sections 134, 143
Citation2009 (2) CHN 472
Judgement DateJanuary 21, 2009
CourtHigh Court of Calcutta (India)

Judgment:

Sanjib Banerjee, J.

  1. The added respondent, the person who made the request tinder section 6 of the Right to Information Act, 2005, and the State Information Commissioner are vociferous in having the ad interim order of December 29, 2008 vacated. The writ petitioner had complained of an order passed by the State Information Commissioner requiring a trunk kept in the custody of the Registrar of Co-operative Societies pursuant to orders made by a competent Court, to be opened for the purpose of certain documents as sought by the information seeker to be made available to the State Information Commissioner. At the time that the writ petition was received in the Christmas Vacation an order was made on December 29, 2008 staying the State Information Commissioner's order of November 11, 2008 and the consequential order of December 12, 2008 passed by the Registrar of Cooperative Societies.

  2. The writ petitioner makes two points. First, the writ petitioner says that since it is a Co-operative Society and the information sought related to it, at the very least, the State Information Commissioner should have sought its views before proceeding to require the documents to be brought. The second point that the writ petitioner makes is that the Registrar of Cooperative Societies was in custody of the trunk following an order of the Judicial Magistrate. The writ petitioner says whatever may be the authority of the State Information Commissioner under the Right to Information Act, 2005; he cannot act in derogation of the powers vested in a regular judicial authority as the Judicial Magistrate in the present case.

  3. In addition, it is submitted on behalf of the writ petitioner that the provisions of section 18(3) of the Right to Information Act would not apply in respect of any matter pertaining to a Co-operative Society as a Co-operative Society answers only to one master which is the Registrar under the West Bengal Co-operative Societies Act and section 134 & section 143 of the West Bengal Co-operative Societies Act would preclude the operation of section 18(3) of the Right to Information Act in the present situation.

  4. On behalf of the Commissioner and the added respondent it is submitted that the original order by which the request under section 6 of the Right to Information Act was rejected, was not sustainable. They say that the appeal carried under section 19(1) of the Right to Information Act before the appellate forum resulted in...

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