METROPOLITAN COOPERATIVE HOUSING SOCIETY LTD. AND ANR. Vs. THE STATE INFORMATION COMMISSION AND ORS.
LAWS(CAL)-2010-5-117
HIGH COURT OF CALCUTTA
Decided on May 10,2010

Metropolitan Cooperative Housing Society Ltd. And Anr. Appellant
VERSUS
The State Information Commission And Ors. Respondents

JUDGEMENT

D. Datta, J. - (1.) The first petitioner is a co -operative society, registered in accordance with the provisions of the Bengal Cooperative Societies Act, 1940, since repealed and replaced by the West Bengal Cooperative Societies Act, 1983 (hereafter the Act). The second petitioner is the secretary of the first petitioner.
(2.) The fifth respondent is a member of the first petitioner. By his letter dated 15.7.2008 addressed to the second petitioner, he prayed for supply of certified copy of the minutes of the meeting of the Board of Directors of the first petitioner held in the month of June, 2008. In praying so, the second petitioner exercised his right conferred by Sec. 40 of the Act read with Rule 68 of the West Bengal Cooperative Societies Rules, 1987 (hereafter the Rules). He expressed his desire to collect the certified copy on 27.9.2008 and undertook to pay the prescribed charges at the time of collection thereof.
(3.) The second petitioner did not accede to such prayer of the fifth respondent. Finding no option, the fifth respondent by his letter dated 9.9.2008 requested the Registrar of Cooperative Societies, Government of West Bengal to furnish him information under the Right to Information Act, 2005 (hereafter the RTI Act) and the rules framed thereunder. In particular, he sought for certified copy of the minutes of the meeting of the Board of Directors held in the month of June, 2008 upon payment of prescribed charges.;


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