Societies come under the RTI Act,2005 because of direct or ‘indirect partnership of Government in societies’, specially in terms of Funding.

Thalapalam Service Co-operative v/s Union of India

Tags	Thalapalam Service Co-Operative … vs Union Of India, RTI,  Union of India, State of Kerala, The Registrar of Co-Operative Societies, State Information Commissioner, Assistant Registrar Of Co-operative and K T Thomas,  Kerela High Court,  Thottathil B.Radhakrishnan
Case Name	Thalapalam Service Co-Operative … vs Union Of India
Court / Commission	Kerala High Court
Year of ruling	2009
Court reporter/ official citation
Applicant
Appellant in this case	Thalapalam Service Co-Operative
Respondent in this case	Union of India, State of Kerala, The Registrar of Co-Operative Societies, State Information Commissioner, Assistant Registrar Of Co-operative and K T Thomas
Bench strength	1
Judges	Thottathil B.Radhakrishnan
Case history (“Disposition”)	-The Registrar of Co-operative Societies issued a circular stating that all co-operative societies registered under the KCS Act, are under the administrative control of the Registrar and therefore, public authorities for the purpose of the RTI Act. -Directions were hence issued, requiring all societies to discharge the obligations as public authorities under the RTI Act and to follow the procedures stated. The Information Officers in the Co-operative Department of the State Government commenced acting on complaints of non-consideration of requests for information made by different persons to societies. -Thus, these writ petitions were filed, to quash the circular and for a declaration that the RTI Act does not apply to societies registered under the KCS Act.
RTI Sections / issues	Sec 2(h)(a)(d)(h),Sec 2(j), Sec 4(1)
Key statutes besides RTI	Sec 3(1)and Sec 9 KCS Act, Sec 2(b) Freedom of Information (FOI) Act
Key precedential cases	Dinesh Trivedi v. Union of India (1997), Papers (P) Ltd. V. Union of India(1962), Babaji Kondaji Garad v. Basik Merchants Coop. Bank Ltd, State of West Bengal v. Swapan Kumar Guha (1982)
Mini Summary	-Writ petitions were filed, to quash the circular and for a declaration that the RTI Act does not apply to societies registered under the KCS Act, The Registrar of Co-operative Societies issued a circular stating that all co-operative societies registered under the KCS Act, are under the administrative control of the Registrar and therefore, public authorities for the purpose of the RTI Act. On which Directions were issued, requiring all societies to discharge the obligations as public authorities… -          The Petitioners Contended that the societies are not public authorities as defined in Section 2 (h) of the RTI Act,9Public Authority) but are establishments over which, the statutory provisions under the KCS Act Apply. Furthermore the Latter half of Sec 2(h) was vague and confusing. -          The Respondents Argued that there is no vagueness in the RTI Act and has to be interpreted to give effect to that Act. It is further argued that at any rate, having regard to the definition of ‘information’ in Section 2 (f) of the RTI Act, they contended that the access to information in relation to societies cannot be denied.
Issues Raised	Weather the inclusive component of the clause in Section 2 which defines public authority is vague and incapable of application? Applicability of the Right to Information Act, 2005, to co-operative societies?
Brief facts	-The Registrar of Co-operative Societies issued a circular stating that all co-operative societies registered under the KCS Act, are under the administrative control of the Registrar and therefore, public authorities for the purpose of the RTI Act. -Directions were hence issued, requiring all societies to discharge the obligations as public authorities under the RTI Act and to follow the procedures stated. The Information Officers in the Co-operative Department of the State Government commenced acting on complaints of non-consideration of requests for information made by different persons to societies. -Thus, these writ petitions were filed, to quash the circular and for a declaration that the RTI Act does not apply to societies registered under the KCS Act. -The Petitioners argued that the societies were not public authorities as defined in Section 2 (h) of the RTI Act, but are establishments over which, the statutory provisions under the KCS Act Apply. Furthermore They stated eve if that was not the case the Latter half of Sec 2(h) was vague and confusing and difficult to comprehend. -The Union of India and Others Argued that there is no vagueness in the RTI Act and has to be interpreted to give effect to that Act. It is further argued that at any rate, having regard to the definition of ‘information’ in Section 2 (f) of the RTI Act, they contended that the access to information in relation to societies cannot be denied -The case was decided in Favor of The Petitioner and that societies come under the Right to Information Act,2005
Arguments that are implicitly or explicitly supportive of principle of Right to Information	It was held that Societies come under the RTI Act,2005 because of direct or ‘indirect partnership of Government in societies’, specially in terms of Funding.
Arguments that are implicitly or explicitly hostile to principle of Right to Information	The contention advanced by the petitioners was that the societies were not public authorities as defined in Section 2 (h) of the RTI Act
Ruling	-It was held that Societies come under the RTI Act,2005 because of direct or ‘indirect partnership of Government in societies’, specially in terms of Funding. - And that as far as the ambiguity of the word used in Sec 2(h) of the Right to Information Act is Concerned, merely a misplaced Comma or a semicolon should not differ the Intention of the Legislature while enacting the law, which is lucid In this case. credits;http://footprintsworld.com/thalapalam-service-co-operative-vs-union-of-india-2

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