Case Note & Summary
The petitioner, Rajeshwar Majoor Kamgari Sahakari Sanstha Limited, a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders of the State Information Commissioner, Amravati Division. The first order dated 23/6/2010 was passed in an appeal filed by respondent no.3, Sachin Arunrao Nawale, directing the Assistant Registrar of Cooperative Societies, Motala to procure information from the petitioner and furnish it to respondent no.3. The second order dated 28/9/2010 rejected the petitioner's review application against the first order. The petitioner society was classified as a Producers (Labours) Society under Section 12(1) of the Maharashtra Cooperative Societies Act, 1960 and Rule 10(1) of the Maharashtra Cooperative Societies Rules, 1961. Its principal object was to provide work to its members, and it was entitled to get government work on contract basis up to Rs.15 lakhs. The court considered whether the petitioner society fell within the definition of 'public authority' under Section 2(h) of the Right to Information Act, 2005. The court noted that the society was not established or controlled by the government and was merely a cooperative society registered under the state Act. The court held that such a society does not qualify as a 'public authority' under the RTI Act, and therefore the State Information Commissioner had no jurisdiction to direct the society to furnish information. Consequently, the court quashed both the impugned orders and allowed the writ petition.
Headnote
A) Right to Information - Public Authority - Definition under Section 2(h) - Cooperative Society - The petitioner, a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, was held not to be a 'public authority' under Section 2(h) of the Right to Information Act, 2005, as it was not established or controlled by the government. The court quashed the order of the State Information Commissioner directing the society to furnish information to a third party, holding that the Commissioner lacked jurisdiction. (Paras 2-5)
B) Right to Information - Jurisdiction of Information Commissioner - Review Application - The court also set aside the order rejecting the petitioner's review application, as the original order was without jurisdiction. (Para 5)
Issue of Consideration
Whether a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, which is not established or controlled by the government, falls within the definition of 'public authority' under Section 2(h) of the Right to Information Act, 2005, and whether the State Information Commissioner has jurisdiction to direct such society to furnish information to an applicant.
Final Decision
The writ petition is allowed. The order dated 23/6/2010 passed by the State Information Commissioner, Amravati Division, Amravati and the order dated 28/9/2010 passed in the Review Application are quashed and set aside. Rule is made absolute accordingly.
Law Points
- Cooperative society not a public authority under RTI Act
- 2005 unless controlled by government
- Information Commissioner cannot direct society to furnish information
- Review application maintainable against orders passed without jurisdiction
Case Details
2011 LawText (BOM) (06) 112
Writ Petition No.1256 of 2011
P.B. Patil for petitioner; R.D. Bhuibhar for respondent no.1; A.D. Sonak for respondent no.2; A.R. Prasad for respondent no.3
Rajeshwar Majoor Kamgari Sahakari Sanstha Limited
State Information Commissioner, Amravati Division, Amravati; Assistant Registrar, Cooperative Societies, Motala; Sachin Arunrao Nawale
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging orders of the State Information Commissioner directing a cooperative society to furnish information under the RTI Act.
Remedy Sought
Quashing of the order dated 23/6/2010 passed by the State Information Commissioner directing the Assistant Registrar to procure information from the petitioner society and furnish it to respondent no.3, and the order dated 28/9/2010 rejecting the petitioner's review application.
Filing Reason
The petitioner society was directed by the State Information Commissioner to furnish information to a third party, despite the society not being a 'public authority' under the RTI Act.
Previous Decisions
The State Information Commissioner passed the order dated 23/6/2010 in appeal filed by respondent no.3, and the review application filed by the petitioner was rejected on 28/9/2010.
Issues
Whether the petitioner cooperative society is a 'public authority' under Section 2(h) of the Right to Information Act, 2005.
Whether the State Information Commissioner had jurisdiction to direct the petitioner society to furnish information.
Submissions/Arguments
The petitioner argued that it is a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, and not a 'public authority' under the RTI Act, hence the Information Commissioner had no jurisdiction.
The respondents contended that the society was entitled to government work and thus fell within the definition of public authority.
Ratio Decidendi
A cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, which is not established or controlled by the government, does not fall within the definition of 'public authority' under Section 2(h) of the Right to Information Act, 2005. Consequently, the State Information Commissioner has no jurisdiction to direct such society to furnish information under the RTI Act.
Judgment Excerpts
The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 23/6/2010 passed by the State Information Commissioner, Amravati Division, Amravati in the Appeal filed by the respondent no.3 whereby the said appeal was disposed of by issuing a direction to the Assistant Registrar of Cooperative Societies, Motala to procure the information from the petitioner, which is sought by the respondent no.3 herein and furnish the same to him.
The petitioner is a Cooperative Society registered under the Maharashtra Cooperative Societies Act, 1960 and is classified as a Producers (Labours) Society under the provisions of Section 12(1) of the said Act and Rule 10(1) of the Maharashtra Cooperative Societies Rules, 1961.
Procedural History
The respondent no.3 filed an appeal before the State Information Commissioner, Amravati Division, seeking information from the petitioner society. The Commissioner passed an order on 23/6/2010 directing the Assistant Registrar to procure and furnish the information. The petitioner filed a review application, which was rejected on 28/9/2010. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Nagpur Bench.
Acts & Sections
- Right to Information Act, 2005: Section 2(h)
- Maharashtra Cooperative Societies Act, 1960: Section 12(1)
- Maharashtra Cooperative Societies Rules, 1961: Rule 10(1)
- Constitution of India: Articles 226, 227
