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of <h1>Cooperative societies under Kerala Act 1969 not public authorities under RTI Act Section 2(h) due to insufficient State control</h1> <h3>Thalappalam Ser. Coop. Bank Ltd. And Others Versus State of Kerala And Others</h3> Thalappalam Ser. Coop. Bank Ltd. And Others Versus State of Kerala And Others - 2013 AIR 437, 2013 (14) SCR 475, 2013 (16) SCC 82, 2013 (12) SCALE 527 Issues Involved:1. Whether a co-operative society registered under the Kerala Co-operative Societies Act, 1969, falls within the definition of 'public authority' under Section 2(h) of the Right to Information Act, 2005.2. Whether co-operative societies are considered 'State' under Article 12 of the Constitution of India.3. The implications of the Right to Information Act on the autonomy and functioning of co-operative societies.4. The interplay between the Right to Information and the Right to Privacy.Detailed Analysis:1. Definition of 'Public Authority' under RTI Act:The primary issue was whether co-operative societies registered under the Kerala Co-operative Societies Act, 1969, are 'public authorities' under Section 2(h) of the RTI Act. The Supreme Court examined the definition of 'public authority' which includes bodies established by the Constitution, by law made by Parliament or State Legislature, or by notification issued by the appropriate government, and bodies owned, controlled, or substantially financed by the government.The Court concluded that the co-operative societies in question do not fall within these categories as they are neither established by the Constitution nor by any law made by Parliament or State Legislature. They are also not owned, controlled, or substantially financed by the government. The Court emphasized that mere regulatory or supervisory control by the Registrar of Co-operative Societies does not amount to substantial control.2. Co-operative Societies as 'State' under Article 12:The Court examined whether co-operative societies can be considered 'State' under Article 12 of the Constitution. It referred to previous judgments where entities with pervasive control by the government were considered 'State.' However, it found that the co-operative societies in question are autonomous bodies governed by their members and not by the government. The Court distinguished between bodies created by statute and those governed by statutory provisions, concluding that the latter, including the co-operative societies, are not 'State.'3. Right to Information Act and Co-operative Autonomy:The Court discussed the impact of the RTI Act on the autonomy of co-operative societies. It noted that the 97th Constitutional Amendment Act, 2011, elevated the right to form co-operative societies to a fundamental right, promoting their autonomous functioning. The Court held that co-operative societies, being autonomous and self-governed, do not fall under the definition of 'public authority' and thus are not bound by the obligations under the RTI Act.4. Right to Information vs. Right to Privacy:The Court acknowledged the fundamental right to information under Article 19(1)(a) of the Constitution and the right to privacy under Article 21. It emphasized that the RTI Act provides access to information under the control of public authorities to promote transparency and accountability. However, it also recognized the limitations and exemptions under Section 8 of the RTI Act, particularly concerning personal information that does not relate to public activity or interest.The Court ruled that even if the Registrar of Co-operative Societies, a public authority, holds certain information, it is not obliged to disclose personal information unless it serves a larger public interest. The Court highlighted the importance of balancing the right to information with the right to privacy, ensuring that personal information is protected unless disclosure is justified by public interest.Conclusion:The Supreme Court held that co-operative societies registered under the Kerala Co-operative Societies Act do not fall within the definition of 'public authority' under Section 2(h) of the RTI Act. Consequently, the circular issued by the Registrar of Co-operative Societies, Kerala, was quashed. The Court emphasized the autonomy of co-operative societies and the need to balance the right to information with the right to privacy. The appeals were allowed, with no order as to costs.
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