The petitioner, a Co-operative Society Secretary, challenged an order by the First Appellate Authority-cum-Registrar directing the society to supply RTI information sought by a non-member. The bench held an alternative efficacious remedy exists.
Direction to approach the Second Appellate Authority within three weeks.
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.
W.P.(C) No.5884 of 2018
Heard Mr. Mohapatra, learned Senior Advocate for the petitioner. 2. Mr. Mohaptra, learned Senior Advocate for the petitioner submits that non-member of the Co-operative society has sought for the information from the Co-operative Society where the present petitioner is the Secretary. According to him, the Co-operative Society being absolutely private, is not coming under the Right to Information Act, 2005 (hereinafter the called “the Act”). After the necessary information sought for by opposite party no.5, the Public Information Officer did not supply the information against which opposite party no.5 preferred the First Appeal but the First Appellate Authority-cum-Registrar of Cooperative Society directed the P.I.O, office of the Assistant Registrar of Cooperative Societies to supply the information which is not correct. Against such order, he has preferred the writ application stating that the First Appellate Court has no jurisdiction to ask the Co-operative Societies of the petitioner to supply information. He further submits that the said order of the First Appellate Court is without jurisdiction and liable to be quashed.
The writ petition is disposed of accordingly.
Urgent certified copy of this order be granted on proper application.
Dr.D.P.Choudhury, J.
JM
2
3
3 issues framed by the court
Whether a non-member of a Co-operative Society can seek information from it under the Right to Information Act, 2005.
Whether the First Appellate Authority-cum-Registrar of Cooperative Society had jurisdiction to direct the PIO to supply information.
Whether the writ petition is maintainable given the existence of an alternative efficacious remedy.
1 provisions across 1 enactments
petitioner
opposite party no.5
Dr.D.P.Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
