Cooperative Society Member Entitled to Society Records under RTI

Source: Supreme Court

Why in News? 

A bench of Justice JB Pardiwala and Justice K Vinod Chandran of the Supreme Court decided Muppathadam Service Co-operative Bank Ltd. v. State Chief Information Commissioner & Ors. (2026). The Court dismissed the cooperative bank’s appeal and upheld a member’s right to obtain the bank’s records through the Registrar under the RTI Act, holding that such information cannot be denied as personal when the Registrar has power to access it under another law. 

What was the Background of Muppathadam Service Co-operative Bank v. State Chief Information Commissioner (2026) Case? 

• The respondent, a member of the appellant cooperative bank, sought two documents under the RTI Act from the Joint Registrar (General) of Cooperative Societies:  
  • Details of a contract entered into by the bank; and 
  • Minutes of the bank’s General Body Meeting. 
• His request was initially rejected. 
• In the second round of proceedings, the State Information Commissioner and the Kerala High Court upheld his right to access the records. 

Contentions of the bank: 

• The bank was not a “public authority” under the RTI Act. 
• The Registrar could access its records under Section 65 of the Kerala Co-operative Societies Act, 1969 only after deciding to initiate an inquiry. 
• The information was exempt under Sections 8(1)(d) and 8(1)(j) of the RTI Act, relating to commercial confidence and personal information. 
• Aggrieved by the High Court’s decision, the bank approached the Supreme Court. 

What were the Court’s Observations? 

On Section 2(f) of the RTI Act: 

• Section 2(f) covers information relating to a private body that a public authority can access under any other law in force. 
• The Registrar need not already possess the documents, nor decide to initiate an inquiry, before accessing them. 
• Once the Registrar has the power to access the documents held by the cooperative bank, the bank is obliged to provide the information to its member by virtue of Section 2(f). 

On the Registrar’s powers: 

• Section 66 of the Kerala Co-operative Societies Act confers supervisory and inspection powers on the Registrar or a person authorised by him. 
• Such supervision may be carried out as often as the Registrar considers necessary and includes inspection of the society’s books. 

On the exemption for commercial confidence (Section 8(1)(d)): 

• The documents did not involve any trade secret, intellectual property or commercial confidence affecting a competitive position. 
• The bidding process was already over and a Labour Contract Society had obtained the contract, the terms of which any member would be concerned with. 

On the exemption for personal information (Section 8(1)(j)): 

• The contract details and General Body Meeting minutes, sought by a member of the society, could not be treated as personal information. 
• The absence of any connection to public activity or interest was not a sufficient ground to refuse the request, where the documents were otherwise accessible. 
• A member cannot be denied such information on the ground that it is personal to the society or does not involve public activity or interest. 

On requests by unconnected third parties: 

• The position would differ if an identical request were made by a person unconnected with the society. 
• The concept of personal information is not limited to natural persons and extends to private entities, whose affairs every citizen cannot claim an interest in unless there is a link to public activity. 

Directions: 

• The appeal was dismissed and the High Court Division Bench’s judgment was upheld. 
• The Registrar was directed to call for the two documents immediately, and in any event within two weeks, and supply them to the member. 

What are the Relevant Provisions of the RTI Act, 2005? 

Section 2(f) – Information: 

• Means any material in any form, including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models and data in electronic form. 
• It also includes information relating to any private body which can be accessed by a public authority under any other law for the time being in force. 

Section 2(h) – Public Authority: 

• Includes any authority, body or institution of self-government established or constituted:  
  • By or under the Constitution; 
  • By any law made by Parliament or a State Legislature; or 
  • By a notification or order of the appropriate Government. 
• It also includes bodies owned, controlled or substantially financed by the Government, and non-governmental organisations substantially financed by the Government. 

Section 8(1)(d) – Commercial Confidence: 

• Exempts information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless larger public interest warrants disclosure. 

Section 8(1)(j) – Personal Information: 

• Exempts personal information whose disclosure has no relationship to any public activity or interest, or would cause unwarranted invasion of privacy, unless larger public interest justifies disclosure. 

What was Held in Thalappalam Service Cooperative Bank Ltd. v. State of Kerala (2013)? 

• Cooperative societies registered under State cooperative laws are not public authorities under Section 2(h) merely because they are subject to supervision and control by the Registrar. 
• A society would be a public authority only if it is owned, controlled or substantially financed by the Government. 
• However, information relating to such societies may still be accessed through the Registrar under Section 2(f), to the extent the Registrar can lawfully access it under the relevant cooperative law, subject to the exemptions under Section 8.