In a significant ruling for the cooperative sector, the Supreme Court has upheld a cooperative bank member’s right to access certain institutional records through the Right to Information (RTI) framework, dismissing appeals filed by Muppathadam Service Co-operative Bank Ltd., Kerala.
A Bench comprising Justice J.B. Pardiwala and Justice K. Vinod Chandran ruled on Monday that information relating to a private body can be accessed under the RTI Act if a public authority is legally empowered to obtain such information under another law.
The case arose from an RTI application filed by a member of the bank seeking two documents: the construction agreement between the bank and a Labour Cooperative Society entrusted with a building project, and the minutes of the bank’s last General Body Meeting.
The bank opposed disclosure, arguing that it was not a public authority under the RTI Act, 2005. It also contended that the Registrar could access its records only after initiating an inquiry under Section 65 of the Kerala Cooperative Societies Act, 1969.
Rejecting this argument, the Supreme Court clarified that the Registrar’s statutory authority to access records of a cooperative society cannot be made conditional upon the prior initiation of an inquiry. Access to relevant documents may itself be necessary for the Registrar to determine whether an inquiry is warranted.
The Bench emphasised that the availability of information under the RTI framework does not depend solely on whether the institution concerned qualifies as a public authority. Where another law empowers a public authority to access information held by a private body, such information may fall within the scope of the RTI Act.
The Court also noted that the position could differ when an identical request is made by someone who has no connection with the cooperative society. However, a member cannot be denied relevant institutional information merely because the records concern the internal affairs of the society.
Referring to the supervisory and inspection powers conferred upon the Registrar under Section 66 of the Kerala Cooperative Societies Act, the Bench upheld the High Court’s decision and directed the Joint Registrar to obtain both documents and provide them to the applicant within two weeks.
The Supreme Court accordingly dismissed both appeals filed by the bank.
The ruling reinforces the importance of statutory oversight and accountability in cooperative institutions. It also highlights the role of access to institutional records in enabling members to understand their societies’ decisions and functioning. For the cooperative sector, the judgment serves as a reminder that institutional autonomy must operate within the framework of applicable laws and statutory supervision.
