AIR 2010 KERALA 6 ::2010 (2) AIR Kar R 165 ::2010 A I H C (NOC) 280 (KER) ::(2010) 2 JCR 396 (KER) ::2009 (3) Ker LT 1001 ::2009 (67) AllCriC 50 SOC ::(2009) 83 AllIndCas 507 (KER) ::2009 (83) AllIndCas 507

Kerala High Court

Hon'ble Judge(s): K. Balakrishnan Nair, C. T. Ravikumar , JJ

(A) Right to Information Act (22 of 2005) , S.2(f)— "Information" - Relating to co-operative society - Can be accused by Registrar, co-operative societies who has deep, pervasive and effective control over the Co-operative Societies - Fact that co-operative society is private body, irrespective. (Para 7) (B) Right to Information Act (22 of 2005) , S.2(h), S.2(a)— "Public authority" - Co-operative Society can be treated as 'public authority' if only society is substantially financed directly or indirectly by funds provided by State Govt. By virtue of the provisions of the Kerala Co-operative Societies Act and the control of Registrar, the Society cannot be held as a public authority for the purpose of the R.T.I. Act. The control of the Registrar and the control of the State Government are distinct and different. The words 'State Government' mentioned in Section 2(a) of the R.T.I. Act @page-Ker7 defining appropriate Government, are not defined under Kerala Co-operative Societies Act. So, this being a Central Act, the General Clauses Act, 1897 would apply, Going by Section 3 (60) of the General Clauses Act, State Government means the Governor of the State. There is no control of the Governor in the Constitutional sense, i.....