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2009 DIGILAW 166 (KAR)

Public Information Officer and Secretary v. Karnataka State Information Commission

2009-02-25

MOHAN M.SHANTANAGOUDAR

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ORDER Mohan Shanthanagoudar, J.— Heard Sri Amol Marate, learned Counsel appearing on behalf of petitioner and Sri KB. Adhyapak, learned Government Pleader appearing on behalf of respondents and perused the material on record. 2. By the impugned order vide Annexure-D, dated 25-9-2007, the respondent 1 has directed the petitioner to provide certain information. 3. Petitioner is a Co-operative Society. As has been held by this Court in number of judgments, including the one reported in the case of Dattaprasad Co-Operative Housing Society Ltd. Vs. Karnataka State Chief Information Commissioner and Another, AIR 2009 Kant 1 the Right to Information Act, 2005 is not applicable to Co-operative Societies, inasmuch as, Co-operative Societies cannot be treated as a public authority. There is nothing on record to show that the petitioner-Society is neither owned nor funded or controlled by the State. In view of the same, the impugned order cannot be sustained. Accordingly, the following order is made: 4. The order vide Annexure-D, dated 25-9-2007 stands quashed. Writ petition is allowed accordingly.