Case Note & Summary
The petitioner, Shikshak Sahakari Bank Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, challenged an order of the State Information Commissioner directing it to supply information to respondent No.2, Madan Rangdevji Nagpure, under the Right to Information Act, 2005. Respondent No.2 had applied on 10/09/2013 seeking details of payments made by the bank towards cheques drawn in his favor. The bank replied that the RTI Act was not applicable to it. The first appellate authority dismissed respondent No.2's appeal on 26/11/2013, but the State Information Commissioner allowed the second appeal, holding that since the bank received commission while clearing cheques, the applicant should be treated as a deemed member and supplied the information. The petitioner argued that it was not a public authority under Section 2(h) of the RTI Act, relying on the Supreme Court's decision in Thalappalam Service Cooperative Bank Limited v. State of Kerala (2013) 6 SCC 82 and a Bombay High Court decision in Dr. Panjabrao Deshmukh Urban Cooperative Bank Ltd. v. State Information Commissioner. The court analyzed the definition of 'public authority' under Section 2(h) of the RTI Act, which includes bodies established or constituted by the Constitution, by law made by Parliament or state legislature, by notification of the appropriate government, or owned, controlled, or substantially financed by the government. The court found that the petitioner bank was not established by any statute but was a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, and there was no government control or substantial financing. The concept of deemed membership under the Cooperative Societies Act could not be imported into the RTI Act to treat the respondent as a member entitled to information. The court held that the State Information Commissioner had no jurisdiction to direct the petitioner to supply information as it was not a public authority. The writ petition was allowed, and the impugned order was quashed.
Headnote
A) Right to Information - Public Authority - Definition under Section 2(h) of RTI Act, 2005 - Cooperative Bank - The petitioner, a cooperative bank, 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 State Information Commissioner erred in treating the respondent as a deemed member under the Maharashtra Cooperative Societies Act, 1960 to compel disclosure of information. Held that the RTI Act does not apply to cooperative societies that are not public authorities (Paras 2-5).
Issue of Consideration
Whether a cooperative bank registered under the Maharashtra Cooperative Societies Act, 1960 is a 'public authority' under Section 2(h) of the Right to Information Act, 2005, and whether it can be directed to supply information to a non-member.
Final Decision
The writ petition is allowed. The order passed by the State Information Commissioner is quashed and set aside. Rule is made absolute accordingly. No order as to costs.
Law Points
- Right to Information Act
- 2005
- Section 2(h) definition of public authority
- Cooperative societies not public authorities unless controlled by government
- Deemed membership under Maharashtra Cooperative Societies Act
- 1960 not applicable for RTI purposes
