CONSUMERS CO OPERATIVE STORES LTD Vs. INFORMATION COMMISSIONER

JUDGEMENT

(1.) AFFIDAVIT of service filed today be kept on record. Despite service, none appears on behalf of the respondent Nos. 1 and 4.

(2.) IN this writ petition, the Consumer Cooperative Stores Limited, a society registered under the Andaman and Nicobar Islands Cooperative Societies Regulations, 1973 and its Secretary, the petitioner Nos. 1 and 2, have challenged the order dated 17.7.2008 passed by the Registrar of Co-operative Societies, Andaman and Nicobar Administration, the first appellate authority and the order dated 29.4.2010 passed in second appeal by the Information Commissioner, primarily on the ground that the petitioner No. 1, the society, being a private body is not amenable to the provisions of the Right to Information Act, 2005.

(3.) MR . Tabraiz, learned Advocate appearing on behalf the respondent Nos.2 and 3 in support of the impugned orders submits that under the Regulations, the Registrar has a control over the co-operative societies. Moreover, the petitioners are not entitled to the reliefs as prayed for, as before the appellate authorities reliance was placed, on Section B(1)(d) of the Act claiming exemption, whereas in the writ petition statement is that the society cannot be treated to be a public authority as it does not get any financial assistance from the Government.