Chandigarh 20th August; The CPIO Cooperative Societies had created a jinx for last more than 12 years by misinterpreting the law laid down by Hon’ble Supreme Court in the case titled Thalappalam Ser. Coop. Bank Ltd. and others Vs State of State of Kerala and others dated 07.10.2013, and have been refusing to provide information of Housing Societies on the plea that ‘It relates to the Society’ and Society does not fall within the ambit of RTI Act, 2005”.
On 02.04.2025, I filed the following information of Blood Donors Cooperative HB to CPIO, Cooperative Societies under RTI Act,
“1. Copy of Account Statements and Balance Sheets of all Bank accounts of Society for the years 2018-19, 2019-20, 2020-21, 2021-22, 2022-23 and 2023-24.
2. Kindly provide the Audit Reports of Society for the years 2018-19, 2019-20, 2020-21, 2021-22, 2022-23 and 2023-24.
3. Kindly provide the list of pending Court Cases along with Court Case No. and Year, filed by the Society or filed against the Society.
4. Kindly provide the details of FDRs with amount and date of maturity.”
On 28.04.2025, the CPIO, Cooperative Societies denied the information on Point No. 1, 3 and 4. The partial information was provided on Point No.2 in which Audit Report for the year 01.04.2018 to 31.03.2019 was provided. It was revealed on enquiry that no audit of Society Accounts were carried out from 2019 to 2024.
On 04.05.2025, 1st Appeal was filed before Sh. Nitish Singla, Joint Registrar Cooperative Societies, , UT, Chandigarh cum 1st AA under RTI Act, 2005. On 13.07.2027, the Deputy Commissioner cum Registrar Cooperative Societies had allowed my 1st Appeals against similar pleas and held that the Society is registered with the Cooperative Department, U.T., Chandigarh and thus controlled by a public authority. A body which is controlled by public authority comes within the definition under section 2 (h) (d) (i) of the RTI Act, 2005. Therefore, the information may be collected from the society by the CPIO of the Cooperative Department, U.T., Chandigarh, if it is not available with the respective department, and supplied to the appellant. On 18.7.2012, another 1st Appeal filed by me was allowed. Copies Attached.
However, the CPIO, Cooperative Societies started refusing the information of Housing Societies by wrongly interpreting the Order of Hon’ble Supreme Court of India dated 07.10.2013 (supra) whereas the Hon’ble Apex Court held that “Registrar can also, to the extent law permits, gather information from a Society, on which he has supervisory or administrative control under the Cooperative Societies Act.”
I cited the Kerala State Information Commission Order dated 21.04.2021 titled Sri S.T. Antonay Vs SPIO held as under;
“But the complainant can approach the Registrar of Cooperative Societies, who is a public authority as defined under the Section 2(h) of the RTI Act, with an application for information under section 6(1) of the said Act, in which case the registrar is bound to gather the information from the State Co-operative Bank which he is otherwise empowered to collect under Kerala Cooperative Societies Act and can furnish it to the applicant, subject to the limitations and restrictions under the RTI Act. This follows from the dictum laid down by the Hon’ble Supreme Court in Thalappalam Case supra, wherein the Apex Court has held that the Registrar can gather information from Co-operative Societies, to the extent permitted by-law, and furnish to the applicant.”
I also cited the recent Judgment dated 29.11.2024 the Kerala High Court, Ernakulam in WP(C) NO. 30694 OF 2024 titled The Muppathadam Service Co-operative bank Ltd. Vs State Chief Information Commission in my 1st appeal dated 04.05.2025.
My 1st appeal dated 04.05.2025 came up for hearing before Sh. Nitish Singla, JRCS, who after considering the RTI Act, 2005, earlier decisions by RCS and judgments quoted by allowed the appeal directing CPIO to collect the information from Society and provide to me within 30 days.
There are 115 group housing societies in Chandigarh, with over 15,000 flats located in Sectors 48, 49, 50, and 51, which will be benefitted who are fed up with corrupt and illegal activities of Management Committees of Societies.
