Registrar Of Co-Operative Societies Must Provide Information Under RTI Act Provided It Is Not Exempt From Disclosure: Kerala HC

In the case before the high court, an application under the RTI Act was filed seeking a construction agreement and minutes of meeting from the Registrar of Co-operative Societies. The order of the State Information Commission directing the State Public Information Officer and Deputy Registrar to provide information to the applicant was challenged before the High Court by the Joint Registrar of the Co-operative Societies.

Referring to the provisions of the Co-operative Societies Act, Justice D. K. Singh noted that the Registrar of Co-operative Societies has wider powers in the functioning of the society and has access to the documents sought by the applicants which are not exempted from disclosure. The Court ordered thus,

“The question which needs to be considered is whether the Registrar of the Co-operative Society would have access to the documents/information of the Petitioner-Society, which have been sought for by the fourth respondent. If the documents and information are accessible to the Registrar of the Co-operative Society and are not exempted from disclosure under Section 8 of the Right to Information Act, the Registrar can collect such information from the Society, which he is otherwise empowered to collect under the Kerala Co-operative Societies Act and furnish that information to the applicant.”

The Petitioner contended that information accessed by the Joint Registrar during an enquiry against co-operative societies would be in his fiduciary capacity and not as a public authority. It was stated that the documents sought by the petitioner were not accessible by the joint registrar or registrar since there was no enquiry against the co-operative society and that would not come under the ambit of the RTI Act. It was also argued that Section 8 (1) of the RTI Act provides exemption to disclosure of information which has no relationship to any public activity or public interest, as in this case. It was stated that petitioner cannot seek access to construction agreement, a private agreement in violation to Section 8 (1) of the Act as that would be contrary to trade secret or competency.

On the other hand, the applicant submitted that information was sought from the notified public authority who has access to these information as per the Kerala Co-operative Societies Act and the Rules. It was stated that information held by public authority or to which the public authority has access can be provided under the RTI Act. It was stated that information sought be applicant would not come under Section 8(1) since work contract was already given and it would not affect competitiveness or was not of confidential nature.

The Court stated that as per Section 22 of the RTI Act, it has an overriding effect over the Co-operative Societies Act, if the information requested is not exempt from disclosure under Section 8(1).

Court stated, “Therefore, unless the information is specifically barred, the statutory right has to be given effect to. The Right to Information Act has been enacted to ensure that citizens have the right to have information and access to information under the control of public authorities with the aim of promoting transparency and accountability in the working of every public authority.”

Relying upon Thalappalam Service Co-operative Bank Limited v. State of Kerala (2013) and Kunnathunad Taluk Primary Co-operative Agricultural and Rural Development Bank Limited, it was stated that Registrar of Co-operative Societies under the Co-operative Societies Act is a public authority and must provide information sought under the RTI Act, subject to exemptions given under the RTI Act.

Court stated “Therefore, the Registrar can collect such information from the Society, which he is otherwise empowered to collect under the Kerala Cooperative Societies Act and furnish to the applicant that information, of course, subject to the limitations and restrictions under the Act.”

In the facts of the case, the Court found that the information sought by the applicant does not fall under Section 8(1) of the Act and were not exempted from disclosure. It also found that information sought by the applicant was accessible to the Registrar of Co-operative Societies.

As such, the Court dismissed the writ petition and upheld the order of the State Information Commission.

Case Title: The Muppathadam Service Co-Operative Bank Ltd. V The State Chief Information Commissioner

Counsel for Petitioner: Senior Advocates P Ravindran, P Deepak, Advocates Sabu M R, Lakshmi Ramadas, Aparna Rajan, Sreedhar Ravindran

Counsel for Respondents: Advocates M Ajay, V S Sreejith 

P R Ramachandran (party in person)

Case Number: WP(C) NO. 30694 OF 2024

Citation: 2024 LiveLaw (Ker) 773