Right to Information – Public authority – Co-operative societies registered under Kerala Co-op Societies Act are public authority: Right to Information Act, section 2(4):

The issue arose for consideration as to whether a co-operative society registered under the Kerala Co-op Societies Act was a `public authority’ u/s. 2(h) of RTI Act. It is fundamental that every member of the society, every depositor and every one interested in the affairs of the society, are entitled to get all information relating to the society, which is possible only if RTI Act is implemented against co-operative societies. However, it may be noticed that sufficient safeguard is made in section 8 of the RTI Act which prohibits furnishing of certain items of information on which statutory immunity is provided thereunder, for obvious reasons. Subject to the exceptions contained in that section, any other information relating to a co-operative society should be made available to the public on application, is what is contemplated under the RTI Act.

 The attitude of the managing committee of a society to refuse to furnish information relating to the Society itself, should be a matter of serious concern by the Joint Registrar, because people tend to cover up only wrong things and not things which are properly done. The Court observed that the completion of statutory audit of societies is delayed by four to five years and most of the managing committees escape from being caught for mismanagement only because of delay in auditing, detection of irregularities and delay in initiation of proceedings thereafter. The court was of the view that atleast vigilant members and the public, by obtaining information through RTI Act, will be able to detect and prevent mismanagement in time. Therefore, the RTI Act will certainly help as a protection against mismanagement of the societies by the managing committee and by society employees.

Therefore, it was held that Co-operative Societies registered under the KCS Act are “public authorities” within the meaning of section 2(h) of the RTI Act. The applicability of the RTI Act to Co- operative Societies was upheld. Therefore, even if society by itself does not answer the description of “public authority”, the statutory authorities under the KCS Act being public authorities within the meaning of clause (c) of section 2(h), are bound to furnish information after accessing the same from the co-operative society concerned.