Info Which Thought Not In Possession But Can Be Accessed By Co-Operative Society Registrar Can Be Sought Under RTI: Kerala High Court

This legal ruling significantly expands the scope of information accessible under the Right to Information Act regarding cooperative societies. The High Court determined that a Registrar’s statutory power to access documents does not require a prior active inquiry or physical possession. By interpreting the phrase "can be accessed" to mean legal entitlement rather than mere custody, the court affirmed that private bodies governed by public authorities are subject to transparency laws. This establishes that any information legally obtainable by the Registrar, regardless of its current location, falls within the purview of public scrutiny. The decision reinforces the principle that regulatory oversight powers include the ability to review essential documents to determine if further investigations are necessary. It rejects the argument that documents are only accessible during an existing probe, highlighting that such a restriction would undermine the Registrar’s supervisory role. Consequently, citizens can demand information that the regulatory authority has the legal right to inspect, even if that authority has not yet initiated formal proceedings. This article is crucial for open data advocates as it broadens the definition of public records held by semi-public entities. It ensures that cooperative societies, often operating in a grey area between public and private sectors, cannot evade transparency by hiding behind procedural technicalities. By affirming that legal accessibility equates to public accountability, the ruling strengthens the framework for accessing organizational data that impacts public interest, ensuring greater openness in financial and administrative governance.

Source: livelaw.in
Published on 2025-05-09

Info Which Thought Not In Possession But Can Be Accessed By Co-Operative Society Registrar Can Be Sought Under RTI: Kerala High Court

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