Are Co-operative Societies Covered Under RTI Act? Supreme Court Final Position
Understanding whether co-operative societies fall under the RTI Act has confused citizens for years. Many RTI applicants face outright rejection, often citing a “Supreme Court order,” without clarity. This section explains the final legal position, based strictly on Supreme Court reasoning, not assumptions or hearsay.
Are Co-operative Societies Covered Under RTI Act? Supreme Court Final Position
The Supreme Court has clearly ruled that co-operative societies are NOT automatically “public authorities” under the RTI Act.
This means citizens cannot file RTI directly against every co-operative society merely because it serves the public or deals with money.
The Court examined Section 2(h) of the RTI Act, which defines a public authority.
A co-operative society qualifies only if it is owned, controlled, or substantially financed by the government.
Key points from the Supreme Court’s final position:
- Registration under a Co-operative Societies Act does not make it a public authority
- Mere regulatory supervision by government officials is not “control”
- Routine audits or inspections do not trigger RTI applicability
- Public dealing or public impact does not matter legally
In short, private co-operative societies remain outside RTI, unless strict legal conditions are met.
Facing delay, no action, or ignored complaints? RTIwala uses RTI to force accountability and written proof.
📞 Call: +91-7999-50-6996
💬 WhatsApp: https://cc.rti.link/wadp
🌐 www.rtiwala.com
Supreme Court Judgement on RTI Applicability to Co-operative Societies Explained Simply
The Supreme Court clarified this issue while interpreting multiple disputes involving housing societies, credit societies, and milk federations.
The Court’s reasoning was practical: RTI is meant to ensure transparency in government functioning, not private bodies.
According to the Supreme Court, a co-operative society becomes RTI-covered only when government influence is deep and decisive.
Supervision, rule-making, or grievance redressal powers alone are not enough.
The Court explained the test in simple legal terms:
- “Control” means the power to manage day-to-day affairs
- “Substantial financing” means major funding, not occasional aid
- “Ownership” implies government stake, not mere registration
Important clarification made by the Court:
- Even if a Registrar can supersede a managing committee,
it does not convert the society into a public authority - Election disputes, audits, or approval of bylaws
do not amount to administrative control
Thus, RTI cannot be misused to pry into private member-run bodies unless government dominance is proven.
When Can RTI Be Filed Against Co-operative Societies After Supreme Court Ruling?
After the Supreme Court ruling, RTI can be filed only in narrowly defined situations.
Understanding these situations prevents rejection and wasted fees.
RTI is legally valid only if at least one of these conditions is satisfied:
- The government owns the society fully or partially
- The government controls management or decision-making
- The society receives substantial and recurring government funding
- The society performs statutory public functions on behalf of the state
Examples where RTI may be maintainable:
- State-controlled milk federations
- Government-backed credit guarantee co-operatives
- Societies running welfare schemes with state funds
- Federations where board appointments are government-driven
Examples where RTI is not maintainable:
- Housing societies formed by private members
- Apartment or welfare associations
- Employee co-operatives without government funding
- Private credit societies regulated but not funded by the state
The Supreme Court made it clear:
RTI applicability depends on facts, not labels. Each society must be tested against Section 2(h).
Practical Takeaway for RTI Applicants (Before Filing)
Before filing any RTI related to a co-operative society, ask:
- Who funds the society?
- Who appoints the management?
- Who controls daily decisions?
- Is the government merely a regulator or an administrator?
If these questions are not answered with proof, RTI will likely be rejected.
Facing delay, no action, or ignored complaints? RTIwala uses RTI to force accountability and written proof.
📞 Call: +91-7999-50-6996
💬 WhatsApp: https://cc.rti.link/wadp
🌐 www.rtiwala.com
Which Co-operative Societies Are Exempt From RTI and Why?
After the Supreme Court’s clarification, most co-operative societies in India fall outside the RTI Act.
This exemption is not accidental—it is based on strict legal reasoning tied to the nature, funding, and control of these bodies.
A co-operative society is exempt from RTI when it functions as a member-driven private entity, even if it is registered under a state law.
The Court emphasized that registration ≠ public authority, and this distinction is critical.
Categories of Co-operative Societies Commonly Exempt From RTI
The following types of societies are generally not covered under RTI:
- Housing co-operative societies formed by private members
- Apartment associations and resident welfare co-operatives
- Employee or staff co-operative credit societies
- Private milk, farming, or marketing co-operatives without state funding
- Educational or welfare co-operatives run entirely by members
These societies:
- Do not receive substantial government financing
- Are not owned or controlled by the government
- Operate through elected managing committees
- Maintain accounts using member contributions
Because of this structure, the Supreme Court held that forcing RTI on them would violate their private character.
Why the Supreme Court Exempted These Societies
The exemption is grounded in constitutional balance.
RTI promotes transparency in public administration—but it cannot override private autonomy.
The Court gave clear reasons:
- RTI is not meant to regulate private disputes
- Members already have remedies under Co-operative Societies Acts
- Internal records are governed by bylaws and audits, not RTI
- Misuse of RTI can harass private bodies unnecessarily
Most importantly, the Court warned against:
- Turning RTI into a tool for inter-member conflicts
- Using RTI as a shortcut instead of statutory remedies
- Burdening private bodies with public disclosure duties
Hence, exemption is the rule, and RTI applicability is the exception.
Facing delay, no action, or ignored complaints? RTIwala uses RTI to force accountability and written proof.
📞 Call: +91-7999-50-6996
💬 WhatsApp: https://cc.rti.link/wadp
🌐 www.rtiwala.com
How to Get Information From Co-operative Societies Legally After RTI Rejection
RTI rejection does not mean information is unreachable.
It only means the route must change.
The Supreme Court indirectly clarified that while RTI may not lie against the society, government authorities connected to it remain accountable.
Legally Valid Alternatives After RTI Rejection
You can still obtain records by approaching:
- Registrar of Co-operative Societies
- Deputy / Assistant Registrar offices
- State Co-operation Department
- Audit authorities overseeing societies
- Government bodies that approved or inspected the society
These authorities are public authorities under RTI and hold crucial records related to societies.
What Information Can Be Accessed Through Government Authorities?
Even if the society itself is exempt, the government retains:
- Registration certificates
- Approved bylaws and amendments
- Audit reports and inspection notes
- Show-cause notices and inquiry reports
- Election approvals and dispute records
- Complaints filed by members and action taken
This information exists independently of the society and is legally disclosable under RTI.
Key advantage:
- RTI cannot be rejected by these authorities citing “private body”
- Supreme Court exemption does not apply to them
Correct Legal Method to Ask for Information (Critical)
The mistake most applicants make is addressing the RTI wrongly.
After rejection, the RTI must be reframed, not refiled blindly.
Correct approach:
- Do NOT seek “internal records of the society”
- DO seek “records held by the Registrar regarding the society”
- Ask for documents submitted to the government
- Ask for actions taken by the authority, not the society
Examples of legally safe framing:
- “Certified copies of audit reports submitted by XYZ Society”
- “Details of complaints received against XYZ Society and action taken”
- “Inspection reports conducted by your office regarding XYZ Society”
This aligns with Supreme Court logic and prevents automatic rejection.
Facing delay, no action, or ignored complaints? RTIwala uses RTI to force accountability and written proof.
📞 Call: +91-7999-50-6996
💬 WhatsApp: https://cc.rti.link/wadp
🌐 www.rtiwala.com
Why This Strategy Works Despite Supreme Court Exemption
The Supreme Court never barred access to information—it only restricted direct RTI against private societies.
Government-held records remain fully accessible.
This strategy works because:
- RTI applies to the holder of information, not the subject
- Registrar acts in a statutory capacity
- Oversight functions are public duties
- Transparency obligations remain intact
In practice, most crucial evidence is already with the government, not the society.
What to Do If a Co-operative Society Refuses Information Citing Supreme Court Order
When a co-operative society refuses information by casually citing a “Supreme Court order,” most citizens feel helpless.
In reality, such refusals are often legally weak, incomplete, or misapplied.
The Supreme Court ruling is frequently used as a blanket excuse, even when the society is not the final authority holding the records.
The first thing to understand is this:
A co-operative society has no legal power to decide RTI applicability conclusively.
Only the nature of control, funding, and record custody determines the RTI route.
Step 1: Verify Whether the Refusal Is Legally Valid
Many societies issue refusals without:
- Quoting the specific Supreme Court judgement
- Explaining how Section 2(h) does not apply
- Clarifying whether the information is held by a government authority
- Issuing a speaking order with legal reasoning
If the refusal is:
- Verbal
- One-line
- Generic
- Unsupported by facts
Then it has no legal sanctity.
A valid refusal must clearly establish:
- That the society is not owned, controlled, or financed by government
- That the information sought is not held by any public authority
- That the refusal aligns with Section 2(h), not assumptions
Step 2: Identify Where the Information Actually Exists
This is the most critical practical step.
In most cases, the society is not the real custodian of decisive records.
Key question to ask:
“Which government office has oversight, approval, or inspection powers over this society?”
Usually, records exist with:
- Registrar of Co-operative Societies
- Assistant / Deputy Registrar
- State Co-operation Department
- Government audit wing
- Inquiry or inspection authorities
Once this is identified, the society’s refusal becomes irrelevant.
Step 3: Do NOT File First Appeal Against the Society
A common mistake is filing a first appeal against the society’s refusal.
This almost always fails, because:
- The society is not a public authority
- There is no designated First Appellate Authority under RTI
- Appeals get dismissed as “not maintainable”
The Supreme Court ruling indirectly confirms this approach is flawed.
Instead of appealing:
- Change the RTI target
- Change the legal framing
- Change the custodian of records
- Facing delay, no action, or ignored complaints? RTIwala uses RTI to force accountability and written proof.
📞 Call: +91-7999-50-6996
💬 WhatsApp: https://cc.rti.link/wadp
🌐 www.rtiwala.com
Practical RTI Strategy to Access Co-operative Society Records Through Government Authorities
This is the most effective, Supreme Court-compliant strategy.
It works because RTI applies to public authorities holding information, not private bodies being questioned.
Core Principle (Very Important)
RTI is about:
- Who holds the record
- Not who created the record
- Not who the record is about
If a government authority holds even a copy, summary, report, or correspondence, RTI fully applies.
Step-by-Step Practical RTI Strategy
Step 1: File RTI to the Registrar (Not the Society)
Address the RTI to:
- Registrar of Co-operative Societies (District / State level)
- Or the concerned government authority supervising the society
Never address the society directly after rejection.
Step 2: Frame Questions Around Government Action
Avoid asking:
- “Why did the society do this?”
- “Provide internal minutes of society”
- “Explain decisions of managing committee”
Instead, ask:
- Records submitted by the society to the Registrar
- Actions taken by the Registrar on complaints
- Inspection, audit, or inquiry reports
- Notices issued by the authority
- Compliance reports received from the society
This aligns fully with Supreme Court logic.
Step 3: Use Neutral, Record-Based Language
Strong RTI drafting avoids opinions and allegations.
Correct drafting focuses on:
- “Certified copies”
- “Records held by your office”
- “Documents submitted”
- “Action taken reports”
- “Inspection outcomes”
This makes rejection legally difficult.
Why This Strategy Survives Supreme Court Scrutiny
The Supreme Court never intended to:
- Block transparency
- Protect wrongdoing
- Deny access to government oversight records
It only restricted direct RTI against private bodies.
This strategy works because:
- Registrar functions under statutory authority
- Oversight is a public duty
- Records are created or retained by government offices
- RTI Act fully applies to these authorities
In practice, most evidence that matters is already with the government.
What If the Government Authority Also Refuses?
If the Registrar or department refuses:
- Citing “private society”
- Or misapplying the Supreme Court order
Then:
- A First Appeal is maintainable
- The refusal becomes legally challengeable
- Information Commission scrutiny applies
This is where many cases succeed.
Practical Warning (Very Important)
Do not:
- Repeatedly file RTIs against the society
- Argue emotionally about fairness
- Ignore the Supreme Court framework
Courts and Information Commissions expect legal routing, not persistence.
Facing delay, no action, or ignored complaints? RTIwala uses RTI to force accountability and written proof.
📞 Call: +91-7999-50-6996
💬 WhatsApp: https://cc.rti.link/wadp
🌐 www.rtiwala.com
1. Can RTI be filed directly against a co-operative society after the Supreme Court judgment?
No. As per the final ruling of the Supreme Court of India, RTI cannot be filed directly against a co-operative society unless it is government-controlled or substantially government-funded.
2. Does registration under the Co-operative Societies Act make a society answerable under RTI?
No. Mere registration under a state or central Co-operative Societies Act does not make a society a “public authority” under the RTI Act.
3. When is a co-operative society considered a public authority under RTI?
A co-operative society comes under RTI only if it is substantially financed by the government or is under deep and pervasive government control.
4. Can RTI be filed against the Registrar of Co-operative Societies for society records?
Yes. RTI can be legally filed with the Registrar or relevant government department for records that the society is statutorily required to submit, such as audits, inspections, or inquiry reports.
5. What type of government funding qualifies a society for RTI coverage?
Only continuous and substantial financial support for core operations qualifies. One-time grants, land allotment, loans, or tax exemptions do not make a society RTI-covered.
6. Why do most RTIs against housing or credit co-operative societies get rejected?
Because these societies are member-driven, independently managed, and lack government control or substantial funding, making them outside the RTI Act’s scope.
7. Can RTI be used to get audit or inquiry reports of a co-operative society?
Yes, if those reports are available with a public authority like the Registrar or a government department, RTI can be filed to access them.
