ABDU RAZAK Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner has approached this Court for a direction to respondents 3 and 4 to issue necessary information to the petitioner as prayed for in Exts.P1 and P7 applications. The petitioner is an A class member of the 5th respondent Service Cooperative Bank, which is a Co-operative Society registered under the Kerala Cooperative Societies Act. He submitted an application before the 3rd respondent Society for obtaining certain information by way of copies of documents. Since there was no positive response from the 3rd respondent, the petitioner submitted similar application before the 4th respondent. Thereafter, the petitioner was informed that the required copies of the documents will not be furnished without the consent of the department. Therefore, the petitioner submitted a representation before the Assistant Registrar of Co-operative Societies and the Assistant Registrar directed the 3rd respondent to take steps to issue copies of the documents to the petitioner. According to the petitioner, even after the direction, there was no response from the 3rd respondent. Aggrieved by the inaction on the part of the 3rd respondent, the Writ Petition is filed.

(2.) The petitioner submits that as per the provisions of the Right to Information Act, 2005 (Act 22 of 2005), hereinafter referred to as 'the Act', he is entitled to obtain necessary information. The petitioner also submits that the inaction on the part of the 3rd respondent is a clear violation of petitioner's right under Section 3 of the Act and also the fundamental right guaranteed under Article 19 of the Constitution of India.

(3.) In the counter affidavit filed by the 4th respondent it is stated that item 3 related to the copies of minutes of various meetings of the Managing Committee and all the policy decisions relating to the administration of the Society were taken after discussion in the meetings of the committee and the Society was having business rivalry with other commercial banks. It is also stated that under Section 8 (1)(d) of the Act, there was no obligation to give any citizen information including commercial confidence, trade secrets, the disclosure of which would harm the competitive position of a third party. It is further stated that item 4 related to copy of reference file in respect of enquiry ordered and it was only available with the Assistant Registrar, Tirur. It is also stated that all details except items 3 and 4, could be issued on a proper application with prescribed fee.