HC stays Guj Govt order of bringing co-ops under RTI act

Ahmedabad, May 25 (UNI) The Gujarat High Court today stayed an order of the state government and Chief Information Commissioner for bringing all Cooperative societies under the right to information (RTI) act.

The Vacation Judge Justice Harsha Devani, on a petition of Gujarat Urban cooperative banks, also issued notices to government of Gujarat, State registrar of co-operatives and chief information commissioner.

The government's order, under a circular dated March 23, 2007, was also challenged by major co-operative banks like Gujarat state agriculture bank and Ahmedabad district co-operative bank.

It was contended by the petitioner that co-operative societies could never fall within the definition of the public authority as defined under section 2 (h) of the right to information Act. The basic concept of the co-operative sector is the right of autonomous functioning and right to govern the internal administration without any outside interference.

According to the petition, the Registrar of co-operative societies in the circular have directed that all co-operative societies in the state are included in the definition of ''public authorities'' under the right to information act and therefore it is compulsory for them to appoint public information officer and the appellate authority.

Before and after the said circular was issued, several applications have been filed before the societies mainly by cooperative banks, seeking various information. After non-compliance of applications, several appeals have been made before the chief information commissioner.

The chief commissioner, in his order dated May 14, 2007, held that all co operative societies of the state fall within the meaning of the the public authority as defined under sections of the RTI Act and therefore they are bound by the provisions of the said act.

It was also directed that all co-operative societies including co-operative banks are under statutory obligation to furnish the information to the citizens under the said act.

UNI