W.A. No. 1688 of 2009. Case: Mulloor Rural Co-operative Society Ltd. Vs State of Kerala and others. High Court of Kerala (India)
| Case Number | W.A. No. 1688 of 2009 |
| Counsel | For Appellant: K. B. Pradeep, Adv. and For Respondents: G. P. D. Somasundaram, M. Ajay, S. C. |
| Judges | Mr. C.N. Ramachandran Nair, Mr. B.P. Ray and Mr. P.N. Ravindran, JJ. |
| Issue | Right to Information Act (22 of 2005) - Section 2(h) |
| Citation | ILR 2012 (2) Ker 576, AIR 2012 Ker 124 |
| Judgement Date | April 10, 2012 |
| Court | High Court of Kerala (India) |
Judgment:
Ramachandran Nair, J.
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This Writ Appeal is filed against Judgment of the learned Single Judge holding that a Co-operative Society registered under the Kerala Co-operative Societies Act (hereinafter called "the KCS Act") answers the definition of "public authority" as defined under Section 2(h) of the Right to Information Act, 2005 (hereinafter called "the RTI Act") and hence the Registrar of Co-operative Societies was within his powers in issuing the order impugned in the Writ Petition directing all societies to constitute authorities under the RTI Act for furnishing information sought about societies. When the Writ Appeal filed by the appellant society against the Judgment of the learned Single Judge came up before the Division Bench of two of us [CNR & BPR (JJ)], we were referred to another Division Bench decision of this court in Thalappalam Service Co-operative Bank Ltd. v. Union of India and others reported in (2009 (3) K.H.C. 901) wherein that Bench took the view that a society would become a "public authority" within the meaning of Section 2(h) of the RTI Act only if such society is "substantially financed by the Government". However, after going through the said Judgment and after hearing the matter, the Division Bench doubted the correctness of the above Judgment and vide order dated 24-3-2011 the issue was referred for consideration by the Full Bench and hence this appeal is posted before us. We notice that in the judgment under appeal the learned Single Judge after elaborately considering the scheme of constitution, registration and management of Co-operative Societies under the KCS Act and the Rules made thereunder felt that the all pervasive control and supervision the Government and statutory authorities particularly, the Registrar and Joint Registrar of Co-operative Societies exercise over the societies and the rights of the members and the public and the corresponding obligations of the societies and it's Managing Committee and employees necessarily bring every society under the definition of "public authority' under Section 2(h) of the RTI Act. Consequently the Circular issued by the Registrar of Co-operative Societies Act directing societies to implement the provision of the RTI Act was upheld. It is against this Judgment the Appellant-Society has filed this Writ Appeal contending that societies registered under the KCS Act are not "public authorities" as defined under the RTI Act. We have heard counsel appearing for the Appellant, Senior Government Pleader for the first respondent, Standing Counsel appearing for the second respondent and also counsel appearing for the third respondent. Since the question to be considered is the meaning and scope of "public authority" as well as "information" as defined under the RTI Act, we extract hereunder the relevant definition clauses:
S.2(f) 'Information' means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for...
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THALAPPALAM SER.COOP.BANK LTD. vs STATE OF KERALA . Supreme Court, 07-10-2013
...to provide information sought for by a citizen under the RTI Act. 3. A Full Bench of the Kerala High Court, in its judgment reported in AIR 2012 Ker 124, answered the question in affirmative and upheld the Circular No.23 of 2006 dated 01.06.2006, issued by the Registrar of the Co-operative ......
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Civil Appeal No. 9017 of 2013 (Arising out of SLP (C) No. 24290 of 2012) and Civil Appeal Nos. 9020, 9029 and 9023 of 2013 (Arising out of SLP (C) Nos. 24291 of 2012, 13796 and 13797 of 2013). Case: Thalappalam Ser. Coop. Bank Ltd. and Ors. Vs State of Kerala and Ors.. Supreme Court (India)
...to provide information sought for by a citizen under the RTI Act. A Full Bench of the Kerala High Court, in its judgment reported in AIR 2012 Ker 124, answered the question in the affirmative and upheld the Circular No. 23 of 2006 dated 01.06.2006, issued by the Registrar of the Co-operativ......
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Civil Appeal No. 9017 of 2013 (Arising out of SLP (C) No. 24290 of 2012) and Civil Appeal Nos. 9020, 9029 and 9023 of 2013 (Arising out of SLP (C) Nos. 24291 of 2012, 13796 and 13797 of 2013). Case: Thalappalam Ser. Coop. Bank Ltd. and Ors. Vs State of Kerala and Ors.. Supreme Court (India)
...to provide information sought for by a citizen under the RTI Act. A Full Bench of the Kerala High Court, in its judgment reported in AIR 2012 Ker 124, answered the question in the affirmative and upheld the Circular No. 23 of 2006 dated 01.06.2006, issued by the Registrar of the Co-operativ......
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THALAPPALAM SER.COOP.BANK LTD. vs STATE OF KERALA . Supreme Court, 07-10-2013
...to provide information sought for by a citizen under the RTI Act. 3. A Full Bench of the Kerala High Court, in its judgment reported in AIR 2012 Ker 124, answered the question in affirmative and upheld the Circular No.23 of 2006 dated 01.06.2006, issued by the Registrar of the Co-operative ......