SC Extends RTI Reach to Cooperative Bank Record Through Registrar
RTI & Powers of the Registrar of Cooperative Societies To Access Record of Cooperative Bank
Judgment dated 26.10.2026 of the Supreme Court in Civil Appeal No.13906 of 026 of The Muppathadam Service Cooperative Bank Ltd Vs. The State Chief Information Commissioner and others with connected civil appeal.
The question now boils down to whether the Registrar can have unfettered access to the documents and whether on the request of the 4th respondent; a Member of the appellant-Bank, he could access such documents for the purpose of providing information under the RTI Act.
Section 2(f) of the RTI Act means any information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
Hence, it is not only the material, physically available with a public authority but also such material relating to a private body, which can be accessed by a public authority, on the strength of statutory powers conferred, would fall under the definition of information. As has been rightly noticed in the impugned judgment, the words ‘can be accessed by a public authority’ refers to access being statutorily provided. The power cannot be fettered at all.
As has been rightly pointed out by the 4th respondent, Section 66 of the Co-operative Societies Act confers supervisory powers and powers of inspection on the Registrar or a person authorized by him. This can be done as per sub-section (1), as frequently as the Registrar may consider it necessary, which supervision includes ‘an inspection of the books of the society’. We are hence, convinced that the judgment of the Division Bench of the High Court is perfectly in order and in accordance with the provisions of law as also in consonance with the decisions cited. We, hence, find absolutely no reason to interfere with the same. The 2nd respondent shall call for the two documents immediately and in any event within two weeks and supply the same to the 4th respondent.
Information relating to a cooperative society falls within Section 2(f) of the RTI Act when the Registrar possesses statutory powers to inspect and access such records, and the information can therefore be obtained and furnished through the RTI mechanism
The test under Section 2(f) is not actual possession of the information by the public authority, but whether the information can legally be accessed by that authority under an existing law.
