Can rti be filed to the co op hsg society
(Querist) 06 December 2023
This query is : Resolved
Hello to everyone.
I want to know RTI can be filed to sought the information from.the co operative housing society from Mumbai rum by its society.members.
As well as I stay In that society and mother is owner of flat in that society we all reside there after requesting again and again society members are not providing any documents and paper to me
Kindly guide me regarding this matter this will be great help for me
(Expert) 06 December 2023
The society committee shall give a copy of the bylaws to each member of the society. If not complain to the Dy./JT. Registrar of Cooperative societies of the district by registered post.
T. Kalaiselvan, Advocate
(Expert) 07 December 2023
The Madras High Court has set aside an order passed by Tamil Nadu State Information Commission directing a cooperative society to disclose information under the Right to Information (RTI) Act of 2005 though the Supreme Court had, as early as in 2013, held that cooperative societies do not fall within the ambit of the RTI Act.
Stating that there was a difference between a statutory body and a body, such as a cooperative society, governed by a statute, the judge said, the Supreme Court while dealing with the Kerala Societies Registration Act of 1860 had held that a society was not a statutory body but only a body corporate.
Therefore, it was held that the provisions of the RTI Act would not be applicable to a cooperative society. The 2013 Supreme Court verdict had been followed by a Division Bench of the High Court in 2015 by making a clear distinction between a body created by a statute and a body that comes into existence and gets governed by a statute.
Therefore you cannot get information from society through RTI act.
Instead your mother who is the owner can submit a complaint before the Deputy registrar of cooperative society and seek its intervention to direct the society president to furnish the copy of the documents related the society
(Querist) 07 December 2023
Thank you sir it will be great help for me