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TMI Blog2024 (6) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner are as follows : i) The petitioner is a society registered under the Tamil Nadu Cooperative Societies Act, 1983. The Management of the Tamil Nadu State Apex Co-operative Bank, District Central Co-operative Bank and Primary Agricultural Co-operative Credit Societies are vest with the Board constituted in accordance with the provisions of the Tamil Nadu Cooperative Societies Act, 1983. Further, the ultimate authorities vest in the General Body of its members. Petitioner's society is an autonomous body and the petitioner's society is not a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005. The petitioner's society is not a statutory body and is not performing any public function and w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Right to Information Act, 2005. iii) The Right to Information Act is not applicable to the petitioner's society. They have not furnished the above information requested by the 3rd respondent. Hence, the 4th respondent had filed an appeal before the 2nd respondent under Section 19(1) of the Right to Information Act, 2005 claiming that they are appellate body and requested to furnish the information sought by him on 10.02.2022. Thereafter, the 4th respondent had filed second appeal before the 1st respondent and requested to furnish the information sought by him under the Right to Information and the same is numbered as S.A.No.6082/A/2022. Further, the 1st respondent had passed an order dated 04.05.2022 in S.A.No.6082/A/2022 thereby ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 farmers across the State. The purpose of the implementation of these schemes is only to the benefit the poor farmers but most of the times these funds are end up with the wrong hands. 4. It is further stated in the counter affidavit that the 4th respondent initially filed a RTI application with the 3rd respondent on 28.01.2022 under Section 6(1) of the RTI Act, 2005, to know and expose the irregularities committed by the petitioner's society, if any. The 3rd respondent forwarded the RTI application to the petitioner society on 07.02.2022 and requested them to send the details as sought for. Shocked by the letter sent by the 3rd respondent, the 4th respondent immediately filed the first appeal before the Appellate Authority, 2nd respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent is illegal, arbitrary and unsustainable and the same is liable to be set aside. 6. The learned counsel for the petitioner further submitted that the petitioner's society is a registered society under the Tamil Nadu Cooperative Societies Act, 1983 and it is managed by the Elected Board of Directors and Office bearers of the Co-operative Society. The Cooperative Societies are not public authorities as per Section 2(h) of the Right to Information Act 2005, therefore, the petitioner is not liable to provide any information sought by the 4th respondent. 7. The learned counsel for the petitioner also submitted that since the definition of public authority is exhaustive of Section 2(h) of the Right to Information Act, 2005 and Co-operat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o costs." 10. In paragraph 9 of the judgment in the case of Public Information Officer Vs. The Registrar, Tamil Nadu Information Commission and Others [2015 (4) CTC 105], The Hon'ble Supreme Court has held as follows: "9. In the light of the above, we have no hesitation to hold that the legal issue arising in these Appeals are squarely covered by the decision of the Hon'ble Supreme Court in the case of Thalappalam Ser. Coop. Bank Ltd. And others Vs. State of Kerala and others, 2013 (6) CTC 98 (SC). The distinction sought to be drawn by the learned counsel for the respondent stating that the provisions of the RTI Act would be applicable to cases where the Government Officers are appointed to function as Special Officers of the so ..... X X X X Extracts X X X X X X X X Extracts X X X X
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