TaxTMI 
TaxTMI 
2014 (5) TMI 941
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.... Societies Act in the year 1952 i.e. prior to coming into existence of the Maharashtra Cooperative Societies Act and the said registration is continued inadvertently and later on in the year 1955 it came to be registered under the provisions of the Bombay Public Trust Act, 1950. 4. It is the case of the petitioner society that on 16-3-2011 the respondent No. 1 herein submitted an application seeking information under the Right to Information Act, 2005 before the petitioner society in the capacity of Chairman of the Shahada Taluka Cooperative Education Society. 5. Petitioner society rejected the application of the respondent No. 1 on the ground that the said application was received on 17-3-2011. It is also the contention of the petitioner society that, as the petitioner society is registered under the Societies Registration Act and under the Bombay Public Trust Act, as per the Right to Information Act the petitioner society does not fall under the definition of "public authority", and hence the petitioner society is not duty bound to supply information sought by the respondent No. 1. 6. Respondent No. 1, aggrieved by the rejection of application, preferred Appeal ....
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....tion sought for by the respondent No. 1 is in respect of constitution of the society and functioning and affairs of the society and not in respect of the grant in aid, and therefore, said information cannot be supplied to the respondent No. 1. 10. Learned counsel appearing for the petitioner society submits that the petitioner society could not be held to be public authority under the Right to Information Act, as the petitioner society is a cooperative society and its Directors are elected by the share holders of the society, and as such it is not the "State or State instrumentality". It is further submission of the counsel for the petitioner that as per the Circular, dated 11-4-2012 issued by the Commissioner of Cooperation, Maharashtra State, Pune, the Right to Information Act is not applicable to the Societies registered under the Maharashtra Cooperative Societies Act, 1960. 11. Learned counsel appearing for the petitioner submits that the Division Bench of this Court in the case of Goa Cricket Association and Another v. State of Goa and Others, reported in 2013 (4) Mh.L.J. 453 has held that the State Information Commission is a multi-member body and that the Commiss....
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....tments of the teachers are approved by the Education Officer of the State Government and the salary of the teachers is paid out of the said Government grants. 13. Learned Counsel appearing for respondent No. 1 submits that the Maharashtra Employees of Private Schools Act, 1981, the University Act and the Government resolutions issued by the State Government are applicable to the petitioner society, and as such the petitioner society comes under the control of the State Government. 14. The counsel appearing for respondent No. 1 relies upon the definition of the "public authority" as defined in Section 2(h) of the Right to Information Act, 2005. 15. The counsel further submits that the Head Master while receiving grants of the school acts as the Chief Executive Officer of the school representing the society, though the Head Master is not appointed as the Chief Executive Officer. It is submitted that the appointment of the Head Master of the school as the Chief Executive Officer to represent the society is always for administrative convenience. 16. The counsel for the respondent no. 1 submits that the provisions of the Right to Information Act, 2005 are squarel....
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...., 2005. 20. The said Act provides for setting out the practical regime of Right to Information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the Constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. The Constitution of India has established democratic Republic and democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed. Therefore, the Right to Information Act, 2005 has been introduced with laudable object and said cannot be defeated by accepting narrow interpretation as canvassed by the petitioner. 21. This Court in the case of People Welfare Society (supra) has considered somewhat similar controversy and held that the institutions receiving grant in aid are bound by the provisions of the Right to Information Act, 2005. 22. In that view of the matter, the contention of the petitioner c....