If the Registrar of Co-operative Societies has access to the information requested by an applicant under the Right To Information Act (RTI Act), and if the information is not exempt from disclosure under Section 8(1) of the Act, the official is obligated to provide that requested information to the applicant in The Muppathadam Service Co-Operative Bank Ltd. V The State Chief Information Commissioner [2024:KER:90020].
The order of the State Information Commission directing the State Public Information Officer and Deputy Registrar to provide information to the applicant was challenged before the High Court by the Joint Registrar of the Co-operative Societies, Kerala.
The High Court says that the Registrar can collect such information from the Society, which he is otherwise empowered to collect under the Kerala Co-operative Societies Act and furnish that information to the applicant.
The Court stated that as per Section 22 of the RTI Act, it has an overriding effect over the Co-operative Societies Act, if the information requested is not exempt from disclosure under Section 8(1)of the RTI Act.
The High Court added that Registrar of Co-operative Societies under the Co-operative Societies Act is a public authority and must provide information sought under the RTI Act, subject to exemptions given under the RTI Act, by relying on Thalappalam Service Co-operative Bank Limited v State of Kerala [(2013) 4 KLT 232] and Kunnathunad Taluk Primary Co-operative Agricultural and Rural Development Bank Limited and Kunnathunad Taluk Primary Co-operative Agricultural and Rural Development Bank Limited v Public Information Officer [2019 (1) KLT 857].
Therefore, the Registrar can collect such information from the Society, which he is otherwise empowered to collect under the Kerala Cooperative Societies Act and furnish to the applicant that information, of course, subject to the limitations and restrictions under the Act.
