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How To Get RTI Information from Registrar of Cooperatives: Two Good High Court Orders

26 May 2012 No Comment

RTI Activist & CHS Activist’s Jeby Patel and  Jagdish Gianchandani have forwarded here two recent judgments – dated 2011 and 2012 — that you can cite before the public information officer (PIO) and appellate authorities of Cooperatives Department of any state, and also State Information Commissioners. The first judgment is from Bombay High Court Nagpur Bench, upholding an order given by State Information Commissioner, Amravati Division that directs the Assistant Registrar of Cooperative Societies to procure and give information to the RTI applicant from a cooperative society (which is not a “public authority” as per RTI Act), by exercising its powers under the Maharashtra Cooperative Societies Act, 1960. It is dated 15 June 2011. The second judgment is from Madras High Court, and is dated 25 April 2012. It is especially relevant for all cooperative societies, and especially where the Managing Committee/Board of Directors of the society is superseded and the State Government and its Cooperatives Department has directly appointed government officers or administrators for manning the societies. This judgment dismissed a number of writ petitions challenging the Tamil Nadu State Information Commission’s (TNSIC) orders to numerous cooperative banks, other cooperative societies and cooperatives registrar to disclose information. The Madras High Court took several other high court and Supreme Court judgments into consideration, and ordered all the concerned parties to disclose information as per the directions of the TNSIC. Especially considering the laws and conditions prevailing in Tamil Nadu, Madras High Court opined that the cooperative societies were themselves public authorities as per RTI Act 2005, and so in any case, the registrar of cooperatives was bound to provide information.

You can download these judgments and provide copies to officers of the cooperatives department, and also cooperative societies, whenever you want to get information by using RTI: http://tinyurl.com/RTI-Coop-Soc-Registrar

 Below are these two useful High Court cases, with the important parts highlighted. Thank you Jeby Patel, Jagdish Gianchandani and other active members of RTI Activist’s Union for circulating such useful judgments.

Judgements of Court

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