The Madras High Court has ruled that cooperative societies in Tamil Nadu are not required to provide information under the Right to Information (RTI) Act, 2005, as they do not qualify as public authorities.
Justice V Bhavani Subbaroyan stated in his order, “A cooperative society registered under the Tamil Nadu Co-operative Societies Act is not bound by the RTI Act to provide information requested by a citizen. The cooperative society does not fall within the definition of public authority as defined under Section 2(h) of the RTI Act.”
What happened?
- Deputy Registrar of Coop Society orders the society to provide requested information to the member.
- On non-compliance, member appeals to Joint Registrar of Coop Societies and then State Information Commission (SIC).
- SIC orders the President of the society to disclose information.
- Madras High Court nullifies the order of SIC, as the cooperative society does not fall within the definition of public authority as defined under Section 2(h) of the RTI Act.
This decision nullified an order from the State Information Commissioner (SIC) that had directed the president of the Madhanam Primary Agricultural Cooperative Credit Society in Mayiladuthurai district to disclose information to society member K Jeeva. Jeeva had sought details about loan disbursements and the list of beneficiaries of the society’s jewel loan waiver from 2015 to 2021.
Initially, the Deputy Registrar of Cooperative Societies had ordered the society to release the requested information. When the society did not comply, Jeeva appealed to the Joint Registrar of Cooperative Societies and then to the SIC. On May 4, 2022, the SIC directed the society to provide all the requested information, leading the society to file a petition in the High Court.
The petitioner’s counsel contended that the society, registered under the Tamil Nadu Co-operative Societies Act, 1983, and managed by an elected Board of Directors and office-bearers, does not meet the definition of public authority under Section 2(h) of the RTI Act, 2005. Therefore, the society is not obligated to furnish the information requested by Jeeva.
