Cooperative in India has largely been a protected sector from media scrutiny and public focus. Enjoying government subsidies and support it refuses to be examined by the public, whose money ultimately runs its show.
The issue of applicability of Right to information has been hanging fire for long in cooperative cases. KRIBHCO, NAFED, NCCF after losing case in lower court have approached high court to defend their right not to divulge details to public.
Now in a similar case, Goa State Cooperative Milk Producers Union Ltd (GSCMPUL) has approached high court of Bombay at Goa.
The Court has directed the Goa State Information Commission (GSIC) to decide whether the Right to Information (RTI) Act is applicable to the Goa State Cooperative Milk Producers Union Ltd (GSCMPUL).
In this case, the GSCMPUL had challenged GSIC’s order to appoint a public information officer (PIO) and further furnish the information sought by one Kashinath Shetye under the RTI Act.
During the hearing of the case, GSCMPUL’s lawyer A F Diniz argued that the provisions of RTI Act are not applicable to the cooperative society in view of an earlier high court judgment. The commission has also not given its finding on whether or not the GSCMPUL is a public authority under the RTI Act, Diniz pointed out.
While setting aside the commission’s order, Justice N A Britto observed that ‘without giving a finding whether the petitioner GSCMPUL was public authority or not there was no question of the Commission directing the appointment of a public information officer’.
The court remanded the matter back to the GSIC and directed the parties to appear before the commission on December 9 for further hearing.