In a first,Punjab info panel member issues dissent order

The society refused to supply information,saying that it was not a public authority,therefore not covered under the RTI Act. The applicant approached the first appellate authority — the Registrar,Cooperative Societies (RCS),Punjab. Besides citing the same reason for denying documents,the RCS also stated that furnishing this information would be invasion of privacy.

The information-seeker then moved the information commission,where the case was heard by commissioner Surinder Singh in December last year. Singh referred the case to the CIC,and sought constitution of a full bench.

The bench thus constituted included State Information Commissioners (SICs) PK Verma and Jaspal Kaur,besides Singh. When the case came up for hearing,the appellant stated that the said cooperative society was covered under the RTI Act as its formation was required to be approved by an order of the RCS. Besides,the information sought does not fall under the section in which exemptions from disclosure were listed,the appellant added.

However,the respondent said though cooperatives function under the Cooperative Societies Act,it does not give the Registrar power to seek information from private societies. It was also stated that the Kansal society was only approved by the Registrar and not established by any notification or an order of the Punjab government. The respondent also averred that there was no equity participation of the state government in the present case.

SICs Kaur and Verma were of the view that the respondent has been able to clearly establish that the mere fact that private cooperatives work under some kind of supervision of the RCS does not give him “unfettered powers” to call for information from these societies. Saying that they do not find any merit in the case,the bench dismissed it.

However,SIC Surinder Singh did not agree with the majority and decided to issue the dissent order,which is pro-disclosure. He said a study of various provisions of the Punjab Cooperative Societies Act,1961,shows that the Registrar and the government have been invested with a very wide control over the societies established under the Act.

In his dissent order,Singh said,“I am not left with an iota of doubt that a plain reading of the sections of the Act establishes that cooperative societies are covered under the RTI Act as these are owned,controlled and substantially financed by the state.”