The Haryana State Information Commission (SIC) has delivered a significant ruling clarifying that cooperative housing societies fall under the purview of the Right to Information (RTI) Act. The commission asserted that such societies are public authorities and cannot refuse to answer RTI queries from citizens.
Background of the Case
The ruling came in response to a complaint filed by an RTI activist who had sought information from a cooperative housing society in Gurugram. The society had denied the request, claiming it was not a public authority and thus not obligated to provide information under the RTI Act. The activist then approached the SIC, challenging the society's stance.
Key Arguments Presented
During the hearing, the society argued that it was a private entity formed by its members and did not receive any direct funding from the government. However, the SIC bench, led by State Information Commissioner, noted that cooperative societies are registered under the Haryana Cooperative Societies Act and are subject to government control and supervision. They also receive benefits such as land allocations and tax exemptions from the state, which makes them public authorities.
The Commission's Decision
The SIC ruled that cooperative housing societies perform public functions and are substantially financed by the government through various concessions and facilities. Therefore, they qualify as public authorities under Section 2(h) of the RTI Act. The commission directed the society to appoint a Public Information Officer (PIO) and comply with RTI requests within the stipulated time frame.
Implications of the Ruling
This decision has far-reaching implications for thousands of cooperative housing societies across Haryana. Residents and RTI activists can now seek information about the financial management, maintenance funds, and decision-making processes of these societies. The ruling aims to enhance transparency and accountability in the functioning of cooperative housing societies, which often handle large sums of money and make decisions affecting residents' lives.
Reactions and Next Steps
RTI activists have welcomed the order, calling it a victory for transparency. They believe it will empower residents to hold society management committees accountable. The cooperative housing society involved in the case has been given a deadline to comply with the RTI request. Failure to do so may result in penalties under the RTI Act.
The Haryana government has also taken note of the ruling and is expected to issue guidelines to all cooperative societies in the state to ensure compliance. This move is likely to set a precedent for other states grappling with similar issues regarding the status of cooperative societies under the RTI Act.
