The Madras High Court has clarified that the Tamil Nadu Co-operative Marketing Federation Limited (TANFED) falls under the purview of the Right to Information (RTI) Act, as it functions as the implementing agency of the Tamil Nadu government's policies. The court emphasized that TANFED cannot be compared to primary cooperative societies, which are not considered public authorities under the RTI Act.
Court's Observations
Justice V. Lakshminarayanan noted that the policy note issued by the state government's ministry of cooperation, food and consumer protection for the year 2024-2025 reveals that TANFED has been appointed by the Tamil Nadu government as the nodal agent for activities carried out by the National Agricultural Co-operative Marketing Federation (NAFED). In this capacity, TANFED undertakes the Price Support Scheme (PSS) to protect farmers from price fluctuations.
Background of the Case
The order was passed while allowing a petition filed by P. Jothibasu, who challenged the order of the State Information Commission (SIC) that had refused to provide information sought by him under the RTI Act. The petitioner had requested details regarding the varieties of fertilizers procured by TANFED. However, his application was rejected on the ground that cooperative societies do not come under the purview of the RTI Act.
High Court's Ruling
Aggrieved by the SIC's decision, the petitioner moved the Madras High Court. Allowing the petition, the court quashed the order of the State Information Commission. The court further stated, "In addition, I should point out that the information sought by the petitioner does not fall under any of the exemptions provided under Section 8 of the RTI Act." This ruling reinforces the principle that entities acting as implementing agencies of government policies are subject to transparency and accountability under the RTI framework.
The judgment is significant as it distinguishes between primary cooperative societies and larger federations like TANFED that perform governmental functions. It ensures that citizens can access information about the procurement and distribution of essential agricultural inputs, thereby promoting transparency in the implementation of government schemes.
