"Co-operative societies do not come under RTI" – Supreme Court

October 18, 2013

Supreme Court held in a decision that the Co-operative societies do not fall within the ambit of Right to Information (RTI) Act. The decision was given while the apex court annulled a Kerala government circular to bring all such societies within the scope of the RTI Act.

What was the contention given by the Supreme Court bench?

The bench held that the Co-operative societies are subject to the control of the statutory authorities like Registrar, Joint Registrar, the Government, etc. but it can’t be said that the State exercises any direct or indirect control over the affairs of the society which is deep and all permeant. The power exercised by the Registrar over the societies is merely supervisory and regulatory. The mere supervision or regulation as such by a statute or otherwise of a body would not make that body a public authority within the meaning of Section 2(h)(d)(i) of the RTI Act.

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