Held that a registered Co-operative Society is not a public authority under Section 2(h) of the RTI Act. Past direction to appoint a PIO was set aside based on a Supreme Court decision, with rights of the first respondent preserved.
The writ petition allowed; the direction to appoint a PIO (Ext.P6) set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
MONDAY, THE 23RD DAY OF JUNE 2014/2ND ASHADHA, 1936
WP(C).No. 3193 of 2011 (Y)
PETITIONER:
K.ABDUL AZEEZ, SECRETARY, VETTIKKATTIRI SERVICE CO-OPERATIVE BANK LTD.NO.F.1889, VALLUVANGAD SOUTH P.O., PANDIKKAD MALAPPURAM.
BY ADVS.SRI.P.P.JACOB SRI.T.P.GOPAKUMAR
RESPONDENTS:
1. A.GOPALAKRISHNAN, ALIKKAL HOUSE, MANKADA P.O., MALAPPURAM-697 324.
2. THE STATE INFORMATION COMMISSION, KERALA, PUNNAN ROAD, THIRUVANANTHAPURAM-695 039.
R2 BY ADV. SRI.M.AJAY, SC, STATE INFORMATION COMMN R1 BY ADV. SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JV
WPC NO. 3193/2011
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENTS' EXHIBITS: N I L
//TRUE COPY//
P.A. TO JUDGE
JV
K. SURENDRA MOHAN, J.
W.P.C. No.3193 of 2011
Dated this the 23rd day of June, 2014
JUDGMENT
The petitioner is a registered Co-operative Society under the Kerala Co-operative Societies Act, 1969 and the rules thereunder. The contention of the petitioner is that, it is not a 'public authority' as defined by Section 2(h) of the Right to Information Act, 2005. Therefore, the direction issued by the second respondent in Ext.P6 is unsustainable and liable to be set aside. As per Ext.P6, the petitioner has been directed to appoint a State Public Information Officer in accordance with provisions of the Right to Information Act and to finally dispose of the appeal filed by the first respondent.
Thalappalam Service Co-operative Bank Ltd v. State of
Kerala and others [2013 (4) KLT 232]. In view of the above decision, it has to be held that Ext.P6 is only to be set aside. This
WPC No.3193 /2014
2
is for the reason that, the Honourable Supreme Court has held that the petitioner does not come within the definition of 'public authority' under Section 2(h) of the Right to Information Act.
In view of the above, this writ petition is allowed, Ext.P6 is set aside. The above judgment shall be without prejudice to the other rights, if any, available to the first respondent.
SD/-
K. SURENDRA MOHAN, JUDGE
JV
2 issues framed by the court
Whether a registered Co-operative Society falls within the definition of a public authority under Section 2(h) of the Right to Information Act, 2005.
Whether a direction issued by the State Information Commission to a Co-operative Society to appoint a Public Information Officer is sustainable.
Colour shows how this judgement treated each authority
Thalappalam Service Co-operative Bank Ltd v. State of Kerala and othersDistinguished¶32
Thalappalam Service Co-operative Bank Ltd v. State of Kerala and others [2013 (4) KLT 232]
2 provisions across 1 enactments
K. Abdul Azeez, Secretary, Vettikkattirri Service Co-operative Bank Ltd.
A. Gopalakrishnan
The State Information Commission, Kerala
K. Surendra Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
