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2014 (5) TMI 941 - BOMBAY HIGH COURTRight to Information - Denial of providing information - Held that:- schools run by the petitioner society are receiving grant in aid from the State Government. The distinction which is tried to be made by the counsel for the petitioner that the petitioner is the Chairman of the Shahada Taluka Cooperative Education Society and the information sought is in respect of affairs of the society and not about the school which are receiving grant in aid directly in the account of the Head Master, and therefore, the petitioner is not obliged to give information sought for. It clearly appears that Shahada Taluka Cooperative Education Society is established for imparting education. The sole purpose of forming such society is for establishing school and imparting education. Therefore, the distinction which is tried to be made by the petitioner, as aforementioned, needs no consideration. Though the Information Officer is appointed, the petitioner, when called upon to furnish the information, it bound to supply the same to the respondent No. 1. By way of impugned order only direction is issued to the petitioner to furnish the information as sought by the respondent No. 1 within fifteen days. Acceptance of the interpretation of the arguments of the petitioner that information sought is in respect of affairs of the society and not in respect of the school receiving grant in aid, would defeat the object of introducing the Right to Information Act, 2005 - Act provides for setting out the practical regime of Right to Information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the Constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. The Constitution of India has established democratic Republic and democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed. - Decided against the petitioner. Division Bench of this Court in the case of Goa Cricket Association (supra) held that the State Information Commission is a multi-member body and commission must consist of State Information Commissioner and at least one more State Information Commissioner, and therefore, any appeal or application is required to be considered by the multi-member body. - In that view of the matter, the impugned order passed by the State Information Commissioner, Bench at Nashik deserves to be quashed and set aside, as the decision given on 27-11-2012 in the appeal is only by one member - matter remanded back to the appellate authority to hear the parties and decide the appeal on its own merits without being influenced by any observations made in this order or in the impugned order of the appellate Court.
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