LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

arunkumark (law study)     29 October 2013

Corrupt asst registrar of cooperative society office

A member has complained to the Asst Registrar against Managing committee to produce certain documents under rti act.On the basis of that application Asst.registrar is pressurising us to submit those documents Even though we have made it clear to him that the member  who has complained  has not paid his maintainence for last 7 years and already a complaint under 101 of mcs act is pending with the same Asst. registrar .We also attached the copy of Gr by the Governer of Maharashtra stating that no member s complaint is to be entertained whatsoever of nature unless he clears all his society dues first.

       Another judgement of supreme court dated 7 th october 2013 declaring  that Cooperative housing societies are not public authority as they are not funded by government or financially assisted or owned by government  .that is why These societies are not covered under Rti Act 2005 is also refered to the Asst.Registrar .But he still  nsist for the documents and kept the complaint under 101 of mcs act pending since the member who complained is a influential person and capable of paying bribe.In such case if we refuse to submit the copies asked by Asst .Registrar What powers he can use and whether we can go for appeal with Deputy Registrar or complain to the Cooperative dept Commissioner .What kind of action a Registar can take against the managing commottee. All the records are clean and audit report is also uptodate. THe laws are there only in books how to apply them .



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 October 2013

Assistant registrar has to provide the information pertaining to the societies. Therefore assistant registrar has to procure necessary information of a particular society and provide the same to the member. That is all. 

arunkumark (law study)     30 October 2013

Mr.Ramacharya ,

Thanks for the reply .But what about the gr released by The governer of maharashtra saying that no complaints should be entertained unless the complainant is clear of all his societys dues.Please refer government cicular no.saguyo-2002/pra.kra.365/14 sa dated 2nd november 2002.

T. Kalaiselvan, Advocate (Advocate)     07 November 2013

Asst Registrar is asking for the information to supply it to the RTI activist, thus it is not a complaint that is not to be entertained.  As per the Society Act and rules, the information sought for under RTI is to be supplied, even the Supreme court has stated that the cooperative society is not a public authority but it may be noted that the supreme court has not decreed that it is exempted from divulging the details under RTI (?)

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     09 October 2014

1.  ANY Coop. Registrar, being a Public Authority, is mandatorily bound to procure ANY document from the Society u/s 2(f) of the RTI Act and provide it to the RTI Applicant (which includes ANY public person),  IRRESPECTIVE of the fact whether the Society member (RTI Applicant) is a defaulter or whatever.
The Society office-bearers can be penalized for failure to comply with the Registrar's directions.


2.  EVERY member has a right to make complaints to any Public Authority and NOBODY can be restricted /restrained /gagged from making any complaints.  It is upto the Public Authority to investigate the complaint and do the needful, as per the Citizens Charter of the coop. dept.
Hence No Govt. GR, can restrict /restrain anybody AND such GR is ultra vires of the constitutional rights.


Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: https://hemantagarwal21.blogspot.in/?view=sidebar


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query