DATTAPRASAD CO OPERATIVE HOUSING SOCIETY LIMITED Vs. KARNATAKA STSTE CHIEF INFORMATION COMMISSSIONER
LAWS(KAR)-2008-6-65
HIGH COURT OF KARNATAKA
Decided on June 30,2008

DATTAPRASAD CO-OPERATIVE HOUSING SOCIETY LIMITED Appellant
VERSUS
KARNATAKA STATE CHIEF INFORMATION COMMISSIONER Respondents

JUDGEMENT

- (1.) THE petitioner-Dattaprasad Co-operative housing Society Limited, Malleswaram, Bangalore, is before this Court under Article 226 of the Constitution of India praying for the following reliefs: (i) to declare that the petitioner-Society is not a public authority under the provisions of the Right to Information act, 2005 (in short 'the Act), and the Government notification dated 22. 9. 2005 at Annexure-'b' issued by respondent No. 2-Registrar of Co-operative Societies is not applicable to the petitioner-Society, and (ii) to issue a writ of certiorari for quashing the directions issued by Respondent No. 2 in the letter dated 30. 10. 2006 bearing No. ADMN/mph/97/2006-07 at Annexure-'d'
(2.) THE brief facts of the case leading to the filing of the writ petition may be stated as under: it is the case of Society that in the month of February 1970, the society was registered under the Karnataka Co-operative Societies Act, 1959. The society is governed by bye-laws approved by the respondent No. 2. It is contended that the Society has not received any financial assistance from the State Government and therefore the Society cannot be a public authority within the scope of the Act. But the respondent No. 2/registrar of Co-operative Societies has issued a Notification dated 22. 9. 2005 (Annexure-'b') to the effect that all Co-operative Societies in the State are public authorities. The petitioner-Society has not received the Notification or intimation. When certain members sought for information, the other members of the society opposed divulging information pertaining to them. Therefore, the Society rejected their request to furnish the information on both counts. When the appeal was preferred to the Chairman of the Society, he wrote a letter (Annexure-C) to respondent No. 2 pointing out the provisions of the Act. The respondent No. 2 by his reply dated 30. 10. 2006 (Annexure-D) intimated the Chairman of the Society stating that under section 2 (h) (d) of the Act all Co-operative Societies are public authorities. The respondent No. 1/karnataka Information Commission, on the basis of the Notification dated 22. 9. 2005, by order dated 1. 9. 2006 (vide Annexure-E) directed the Registrar of Co-operative societies to seek information from the society and furnish the same to the applicant. The petitioner-Society is before this Court praying for the relief as mentioned above.
(3.) THE respondent/state has filed statement of objections/additional objections denying the grounds urged in the writ petition and contending that as per the provisions of the Co-operative Societies Act, respondent no. 2/the Registrar has supervision and control over the society. It is also contended that as per Section 127a the Co-operative Societies Act every office bearer, Member and employee of Co-operative institutions is a 'public servant'. Further, as per clause (e) of sub-section (12) of Section 2 and explanation thereto in the Karnataka Lokayukta Act, 1985, the office bearers of Co-operative society are 'public servants' and there is no illegality or infirmity in the impugned Notification/communication.;


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