CO-OPERATIVE SOCIETY IS NOT A PUBLIC AUTHORITY UNDER THE RIGHT TO INFORATION ACT, 2005

[Mr. M. GOVINDARAJAN]

Right to information

The Right to Information Act, 2005 (‘Act’ for short) provides that all citizens shall have the right to receive information from the ‘Public Authority’.  ‘Information’ means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

Public Authority

Section 2(h) of the Act defines the expression ‘public authority’ as any authority or body or institution of self- government established or constituted—

• by or under the Constitution;
• by any other law made by Parliament;
• by any other law made by State Legislature;
• by notification issued or order made by the appropriate Government, and includes any-

• body owned, controlled or substantially financed;
• non-Government organization    substantially financed,

directly or indirectly by funds provided by the appropriate Government.

Issue

The issue to be discussed in this article is as to whether the co-operative Society is a ‘public authority’ under the Act with reference to decided case laws.  It has long been a matter of debate whether a cooperative society would be subject to the requirements to provide information under the Act and fall under the definition of ‘public authority’ as per Section 2(h) of the said Act.

In THE PRESIDENT, Z.B. 70, MADHANAM PRIMARY AGRICULTURAL, CO-OPERATIVE CREDIT SOCIETY, MAILADUTHURAI DISTRICT VERSUS STATE INFORMATION COMMISSIONER, CHENNAI AND OTHERS - 2024 (6) TMI 705 - MADRAS HIGH COURT the petitioner is a society registered under the Tamil Nadu Co-operative Societies Act, 1983.  It is an autonomous body and not a public authority under Section 2(h) of the Right to Information Act, 2005 (‘Act’ for short) and also it is not a State under Article 12 of the Constitution of India.

One Mr. Jeeva, on 28.01.2022, requested information under Section 6(1) of the Act on 6 items including-

• the details of the person who availed loan from the petitioner society;
• copy of resolutions passed in the petitioner society for the period from 2015 to 2021;
•  details of beneficiaries of the Jewel loan issued by the petitioner's society for the period from 2015 to 2021;
•  details of Jewel loan waiver to till date;
• Details of their Patta and Chitta, details of the beneficiaries of the Agricultural Loan issued by the petitioner's society for the period from 2015 to 2021 and their Patta and Chitta and other documents procedure by them, .

to know and expose the irregularities committed by the petitioner's society, if any.   The Deputy Registrar of Co-operative Societies forwarded the RTI application to the petitioner society on 07.02.2022 and requested them to send the details as sought for. 

The Society did not furnish the required information on the contention that the society is not a public authority under Section 2(h) of the Act.  Since no reply has been received Jeeva filed an appeal before the First Appellate Authority viz. Joint Registrar of Co-operative Societies under Section 19(1) of the Act with the prayer to furnish the information as sought by him in his application.  In the said appeal the Jeeva informed that the 3rd respondent is trying to harassing him by forwarding his RTI application to the petitioner society. Therefore, he has requested the 2nd respondent to provide all the information by himself as per the order of Tamil Nadu State Information Commissioner in SA/1519/E/2021 dated 30.01.2020.

Since no information has been received from the First Appellate Authority, Jeeva filed the second appeal before the State Information Commissioner.  The State Information Commissioner passed an order on 04.05.2022 directing the Deputy Commissioner to give all information as requested by Jeeva.  The Deputy Commissioner forwarded the said appeal papers to the Society for furnishing the required information. Against this order of the State Commissioner, the petitioner filed the present writ petition before the High Court. 

The petitioner submitted the following before the High Court-

• Since the definition of public authority is exhaustive of Section 2(h) of the Right to Information Act, 2005 and Co-operative societies will not fall under the said provision, the 1st respondent cannot direct the petitioner's society to provide with the information and copies required by the 4th respondent.
• In the case of THALAPPALAM SER. COOP. BANK LTD. AND OTHERS VERSUS STATE OF KERALA AND OTHERS - 2013 (10) TMI 1057 - SUPREME COURT, the Supreme Court has held that the Cooperative Societies registered under the Kerala Co-operative Societies Act will not fall within the definition of “public authority” as defined under Section 2(h) of the  Act.

Jeeva filed counter affidavit to the petition before the High Court.  He submitted the following before the High Court-

• He is a member of the Co-operative Society for last several years.
• There are serious allegations raised by various members of the Society against the society administration on allotting the crop loan, jewel loan etc., to the specific persons, who is related with them, based on the forged documents to get waiver from the Government.
• In the year 2021, the Government of Tamil Nadu implemented many Loan Waiver Schemes to the benefit of deprived section of the society but due to the corrupt practice of some authorities, considerable portion of the funds went into the pockets of riches and non-eligible persons.
• 4% interest incentive in addition to the Government of India's 3% interest incentive to the farmers who repay the crop loan on or before the due date by the Tamil Nadu Government.
• The Government also provides 2% interest subsidy to the Co-operatives over and above the interest subvention received from the Government of India for the disbursement of crop loans done out of their own funds.
• The purpose of the implementation of these schemes is only to the benefit the poor farmers but most of the times these funds are end up with the wrong hands.

The High Court heard the submissions of the petitioner and the 4^th respondent.  The High Court also analyzed the Supreme Court judgment relied on by the petitioner.  The High Court held that a cooperative society registered under the Tamil Nadu Co-operative Societies Act is not bound by the 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 Act. Therefore, the High Court quashed the impugned order passed by the 1st respondent in S.A.No.6082/A/2022 dated 04.05.2022.