Case Note & Summary
The petitioner, Century Club, a society registered under the Karnataka Societies Registration Act, 1960, challenged an order dated 14.03.2018 passed by the Karnataka Information Commission in KIC.6921.PTN/2013, which directed the club to provide information to the first respondent, Sri S. Umapathy, under the Right to Information Act, 2005. The club contended that it is not a 'public authority' under Section 2(h) of the RTI Act, as it is not established by the government, not substantially financed by the government, and does not perform functions of a public nature. The court analyzed the definition of 'public authority' under Section 2(h) of the RTI Act, which includes bodies owned, controlled, or substantially financed by the government, or bodies that perform public functions. The court found that the club is a private society, funded by its members, and not subject to government control. The club's functions are limited to its members and do not serve the public at large. The court held that the Information Commission erred in treating the club as a public authority. Consequently, the court quashed the impugned order and allowed the writ petition, directing the respondents to pay costs of the petition.
Headnote
A) Right to Information - Public Authority - Definition under Section 2(h) of RTI Act, 2005 - Whether a registered society can be considered a public authority - The court examined whether the club is substantially financed, controlled, or performs functions of public nature - Held that the club is not a public authority as it is not established by the government, not substantially financed by the government, and does not perform public functions (Paras 1-10).
Issue of Consideration
Whether Century Club, a society registered under the Karnataka Societies Registration Act, 1960, is a 'public authority' under Section 2(h) of the Right to Information Act, 2005, and thus obliged to provide information to an applicant.
Final Decision
The writ petition is allowed. The order dated 14.03.2018 passed by the Karnataka Information Commission in KIC.6921.PTN/2013 is quashed. The respondents are directed to pay the costs of this petition.
Law Points
- Definition of public authority under RTI Act
- 2005
- Section 2(h)
- Substantial financing by government
- Control by government
- Functions of public nature
- Registered society under Karnataka Societies Registration Act
- 1960
Case Details
2025 LawText (KAR) (07) 25
WP No. 13336 of 2018 (GM-RES)
M.S. Rajendra for petitioner; S. Umapathy party-in-person for C/R1; G.B. Sharath Gowda for R2
Sri S. Umapathy, The Karnataka Information Commission
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Karnataka Information Commission directing the petitioner to provide information under the RTI Act.
Remedy Sought
Petitioner seeks quashing of the order dated 14.03.2018 passed by the Karnataka Information Commission and costs.
Filing Reason
The petitioner, Century Club, was directed by the Karnataka Information Commission to provide information to the first respondent under the RTI Act, which the club contends it is not obliged to do as it is not a public authority.
Previous Decisions
The Karnataka Information Commission passed an order on 14.03.2018 in KIC.6921.PTN/2013 directing the club to provide information.
Issues
Whether Century Club is a 'public authority' under Section 2(h) of the Right to Information Act, 2005.
Submissions/Arguments
Petitioner argued that it is a private society registered under the Karnataka Societies Registration Act, 1960, not established by the government, not substantially financed by the government, and not performing public functions.
Respondent argued that the club is a public authority and must provide information under the RTI Act.
Ratio Decidendi
A society registered under the Karnataka Societies Registration Act, 1960, which is not established by the government, not substantially financed by the government, and does not perform functions of a public nature, is not a 'public authority' under Section 2(h) of the Right to Information Act, 2005, and is not obliged to provide information under the RTI Act.
Judgment Excerpts
The petitioner is a society registered under the Provisions of the Karnataka Societies Registration Act, 1960...
The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari or any other order or direction quashing the order dated 14.03.2018 passed by the Karnataka Information Commission...
Procedural History
The first respondent filed an application under the RTI Act before the Karnataka Information Commission, which passed an order on 14.03.2018 directing the petitioner to provide information. The petitioner challenged this order by filing the present writ petition on 13.04.2018.
Acts & Sections
- Right to Information Act, 2005: Section 2(h)
- Karnataka Societies Registration Act, 1960:
