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2008 DIGILAW 317 (KAR)

Kannikaparameshwari Co-operative Bank Ltd. v. State of Karnataka Department of Co-operation By its Secretary

2008-06-24

N.KUMAR

body2008
ORDER Kumar, J. The petitioner has preferred this writ petition seeking quashing of Annexure-C, the Notification dated 22.9.2005 issued by the 2nd respondent. 2. The petitioner is a Co-operative Bank registered under the provisions of the Karnataka Co-operative Societies Act, 1959. The petitioner contends that the Co-operative Society is not a public authority, as such, the provisions of Right to Information Act, 2005 is not applicable to the Co-operative Society. It does not come within the meaning of a public authority under Section 2 (h) of the Act. In fact, the National Federation of Co-operative Banking has issued clarification to the effect that the Co-operative Banks/Societies are not covered under the R.T.I. Act. The 2nd respondent has issued a Notification dated 22.9.2005 as if the Co-operative Banks or Societies are public authorities. Annexure-C is the said Notification. Therefore, the petitioner contends that the said Notification is abinitio void. Therefore, they sought for quashing of Annexure-c. 3. The Right to Information Act, 2005 is passed by the Parliament setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. 4. Public authority is defined under Section 2 (h) of the Act which reads as under: “Public authority” means any authority or body or institution of self-government established or constituted a) by or under the Constitution; b) by any other law made by Parliament; c) by any other law made by State Legislature; d) by Notification issued or order made by the appropriate Government, and includes any i) owned, controlled or substantially financed; ii) non- government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government. 5. Right to information is also defined under Section 2 (j) of the Act which reads as under: “Right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. 6. 6. Section 3 of the Act mandates that all citizens shall have the right to information subject to the provisions of the Act. Section 4 of the Act casts an obligation on all the public authorities to maintain records and to furnish information as contemplated under the Act. 7. The impugned Notification has been issued bringing within the ambit of the Act, all the Co-operative Societies registered under the Karnataka Co-operative Societies Act, 1959 and the Karnataka Souharda Sahakari Act, 1997. The said Notification reads as under: “Whereas, the Right to Information Act, 2005 (Central Act No.22 of 2005) has come into force vide Central Government Notification dated 21-06-2005. The Co-operative Societies Act, 1959 and the Karnataka Souharda Sahakari Act, 1997, are the public authorities coming under the purview of Section 2(h) of the said Act, for the purpose of providing information to the public under the Right to Information Act, 2005, in the Co-operative Societies Officers have to be designated as Public Information Officers to provide information to persons requesting for information and also the Appellate Authorities have to be designated for disposal of the appeals under the said Act.” 8. A perusal of the aforesaid Notification makes it clear that the State has established or constituted the aforesaid two enactments as public authorities coming under the purview of Section 2 (h) of the said Act. What Section 2 (h) means is, the Government may establish or constitute any authority or body or institution of self-government established or constituted as public authority. Obviously, while issuing the said notification, there is no application of mind. What the Notification meant was the Co-operative societies registered under the Karnataka Co-operative Societies Act, 1959 and the societies registered under the Karnataka Souharda Sahakari Act, 1997 are constituted as public authorities. Therefore, the intention is not Properly expressed. It is a defective drafting. 9. The Karnataka Official Language Act, 1963 was enacted to provide for the adoption of Kannada as the language to be used for the official purposes of the State and for continuance of the use of English for transaction of business of the State Legislature. It received the consent of the Governor on 5.10.1963 and first published in the Karnataka Gazette on the 10th day of October 1963. It. came into force at once. It received the consent of the Governor on 5.10.1963 and first published in the Karnataka Gazette on the 10th day of October 1963. It. came into force at once. Section 2 of the Act declares that the official language of the State of Karnataka shall be Kannada. Section 4 provides that the State Government may, from time to time, by Notification in the Official Gazette, direct that Kannada shall be used in respect of such official purposes and in such areas as may be specified in the Notification. Kannada language is to be used in the Legislature. Sub-section (2) of Section 5 provides that Kannada language may be used in any Bill to be introduced or in amendments thereto be moved in, or in any Act passed by the Karnataka State Legislature or in any Ordinance promulgated by the Governor of the State of Karnataka or in any order, rule, regulation or bye-law issued by the State Government under the Constitution or under any law made by the Parliament or the Karnataka State Legislature. Section 5A of the Act provides for authorised Kannada translation of Central and State Acts. 10. This Notification is issued in the year 2005. It is unfortunate that even after 50 years of the State Re-organisation on the basis of language and nearly 45 years after the passing of State Official Languages Act, 1961, the State still relies on English language for issuing simple Notifications. It only shows the lack of will on the part of the Government in implementing the legislative mandate and the aspirations of the people of the State. Even the Notifications issued by the Departmental heads continue to be in English contrary to the legislative intent. The Government is not sincere in implementing the provisions of the Act. The result is English is being used for the official purposes, though the officials have no proficiency in this language. The Government should take steps to ensure that this Act is implemented in letter and spirit throughout the State of Karnataka and Kannada shall be the language for the official purposes of the State. If only an attempt is made to issue such Notifications in Kannada language, these glaring mistakes could be avoided and the purpose of the enactment is achieved and the State reorganisation based on language would have a meaning. If only an attempt is made to issue such Notifications in Kannada language, these glaring mistakes could be avoided and the purpose of the enactment is achieved and the State reorganisation based on language would have a meaning. In spite of this enactment, if still the Departmental heads continue to have official business in English language, action has to be taken against such persons. 11. In fact, this notification is issued by the Registrar of Co-operative Societies in Karnataka. He is not an official from outside the State. He is not a non- Kannadiga. It is this mentality on the part of Kannadigas, which is the root cause for this state of affairs in this State. Even though they do not know English, they would like to transact in English. Even though their mother tongue is Kannada, probably, they feel inferiority in transacting day-today business of the State in Karnataka. Any amount of declaration, Vidhana Soudha will not change the status of Kannada in the State. Total change of mind set is the need of the hour both on the part of the rulers and the ruled. It is high time, persons who are wielding authority, would take note of these serious lapses and initiate appropriate action against the concerned for violating the legislative mandate as contained in the Official Languages Act 1961. 12. In that view of the matter, the impugned notification, as it makes no sense, is hereby quashed. Liberty is reserved to the State to issue appropriate Notification under Section 2 (h) (d) of the Act and the said Notification shall be issued in the official language of the State, i.e. Kannada in terms of the Karnataka Official Language Act, 1963, without any further delay. 13. Accordingly, the writ petition is allowed. All the other contentions raised in this writ petition are kept open.