2024 (6) TMI 705 - HC - Indian Laws

Cooperative societies registered under state acts are not public authorities under RTI Act Section 2(h)

The President, Z.B. 70, Madhanam Primary Agricultural, Co-operative Credit Society, Mailaduthurai District Versus State Information Commissioner, Chennai and Others

The Madras HC held that a cooperative society registered under the Tamil Nadu Co-operative Societies Act does not constitute a public authority under ... Applicability of Right to Information Act, 2005 - public authority within the meaning of Section 2(h) of the Right to Information Act, 2005 or not - HELD THAT:- A cooperative society registered under the Tamil Nadu Co-operative Societies Act is not bound by the RTI Act to provide the information requested by a citizen and that the co-operative society does not fall within the definition of “public authority” as defined under Section 2(h) of the RTI Act. Therefore, the impugned order passed by the 1st respondent in S.A.No.6082/A/2022 dated 04.05.2022 is liable to be quashed. The impugned order is quashed and this Writ Petition is allowed. Issues Involved: The judgment involves a challenge to an order passed under the Right to Information Act, 2005 by the 1st respondent in S.A.No.6082/A/2022.Details of the Judgment:Issue 1: Applicability of Right to Information Act to Cooperative Societies The petitioner, a society registered under the Tamil Nadu Cooperative Societies Act, argued that it is not a public authority u/s 2(h) of the RTI Act, as it is not a statutory body and does not perform any public function. Citing legal precedents, including the case of Thalappalam Services Cooperative Bank Ltd. v. State of Kerala, it was contended that cooperative societies are not bound by the RTI Act.Issue 2: Request for Information and Appeals The 4th respondent had requested information under Section 6(1) of the RTI Act, seeking details related to loans and beneficiaries from the petitioner society. Despite the society's refusal to provide the information, appeals were filed before the 2nd and 1st respondents, leading to the impugned order directing the society to furnish the information.Issue 3: Allegations and Counter Affidavit Allegations of irregularities in loan disbursements by the petitioner society were raised by the 4th respondent, highlighting concerns about funds intended for farmers ending up in the wrong hands. The counter affidavit detailed various loan waiver schemes and incentives provided by the Government of Tamil Nadu.Judgment and Conclusion The Court, relying on legal precedents, held that cooperative societies registered under the Tamil Nadu Co-operative Societies Act are not obligated to provide information under the RTI Act. Consequently, the impugned order directing the petitioner society to furnish information was quashed, and the writ petition was allowed with no costs incurred.