Times of India: Chandigarh: Wednesday, 24 September 2025.
The Punjab and Haryana high court has brought group housing societies under the ambit of the RTI Act, clarifying that an RTI applicant cannot be denied information relating to any private body that can be accessed by a public authority. The court said that registrars of cooperative societies have the power and duty to access and provide information from societies under their supervision.
Justice Kuldeep Tiwari
passed these orders while dismissing a petition filed by Saraswati Kunj
Cooperative Housing Building Society Limited, Wazirabad, Gurgaon. The society,
registered under the Cooperative Societies Act, challenged the order dated Feb
28, 2024, passed by the state information commissioner (SIC) and the notice
dated May 3, 2024, issued by the commission directing the society to provide
information sought by an individual under the RTI Act.
The society argued that, as cooperative house building society, it is not amenable to the RTI Act.
It further mentioned that since it is a private body, functioning without govt funding or control, it does not fall within the definition of "public authority" under Section 2(h) of the RTI Act.
The society's counsel cited the Supreme Court's decision in Thalappalam Service Cooperative Bank Limited versus state of Kerala (2013) and a 2024 ruling of the Madras high court that excluded cooperative societies from RTI obligations unless they were substantially financed or controlled by the state.
However, the RTI applicant's counsel, Pardeep Roperia, countered that the application was not filed with the society directly but with the assistant registrar, cooperative societies-cum-state information officer, Gurgaon, a designated public authority.
Roperia argued that this public official is duty-bound to ensure transparency and cannot deny information accessible to them.
The Punjab and Haryana high court has brought group housing societies under the ambit of the RTI Act, clarifying that an RTI applicant cannot be denied information relating to any private body that can be accessed by a public authority. The court said that registrars of cooperative societies have the power and duty to access and provide information from societies under their supervision.
The society argued that, as cooperative house building society, it is not amenable to the RTI Act.
It further mentioned that since it is a private body, functioning without govt funding or control, it does not fall within the definition of "public authority" under Section 2(h) of the RTI Act.
The society's counsel cited the Supreme Court's decision in Thalappalam Service Cooperative Bank Limited versus state of Kerala (2013) and a 2024 ruling of the Madras high court that excluded cooperative societies from RTI obligations unless they were substantially financed or controlled by the state.
However, the RTI applicant's counsel, Pardeep Roperia, countered that the application was not filed with the society directly but with the assistant registrar, cooperative societies-cum-state information officer, Gurgaon, a designated public authority.
Roperia argued that this public official is duty-bound to ensure transparency and cannot deny information accessible to them.
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