Co-operative societies under Kerala Co-operative Societies Act are not 'public authorities' under RTI Act

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Published 26 October 2026

Case: The Muppathadam Service Co-Operative Bank Ltd. Versus The State Chief Information Commissioner & Ors.
Court: Supreme Court of India
Citation: 2026 LiveLaw (SC) 1085
Statutes: Right to Information Act, 2005 — s.2(h)
Kerala Co-operative Societies Act, 1969
Source: LiveLaw

Bottom Line Up Front (BLUF)

In The Muppathadam Service Co-Operative Bank Ltd. Versus The State Chief Information Commissioner & Ors., the Supreme Court of India held that co-operative societies registered under the Kerala Co-operative Societies Act, 1969, are not 'public authorities' as defined under Section 2(h) of the Right to Information Act, 2005, and therefore are not subject to its provisions.

Ratio Decidendi · Legal Principle Established

Co-operative societies registered under the Kerala Co-operative Societies Act, 1969, do not fall within the definition of 'public authority' under Section 2(h) of the Right to Information Act, 2005, merely by virtue of their registration or regulatory control by the State. The mere receipt of financial assistance or regulatory oversight does not transform a body into a 'public authority' unless there is substantial financing or control by the government.

Practice & Procedural Impact for Advocates

Advocates representing co-operative societies should argue that their clients are not 'public authorities' under the RTI Act unless there is substantial government funding or control. Litigants seeking information from co-operative societies must explore alternative legal avenues as the RTI Act may not apply. Counsel should distinguish between regulatory control and substantial government financing/control when assessing RTI applicability.

Key Legal Takeaways

1Co-operative societies are generally not 'public authorities' under the RTI Act.
2Mere registration or regulatory control by the State does not make a society a 'public authority'.
3Substantial government financing or control is required for a body to be deemed a 'public authority' under Section 2(h) of the RTI Act.

The Legal Issue The core legal question before the Supreme Court was whether co-operative societies registered under the Kerala Co-operative Societies Act, 1969, qualify as 'public authorities' within the meaning of Section 2(h) of the Right to Information Act, 2005. This determination is crucial as it dictates whether such societies are obligated to provide information under the RTI Act.

Court's Reasoning The Supreme Court, in The Muppathadam Service Co-Operative Bank Ltd. Versus The State Chief Information Commissioner & Ors., clarified that merely being a co-operative society registered under a state act, like the Kerala Co-operative Societies Act, 1969, does not automatically render it a 'public authority' under Section 2(h) of the Right to Information Act, 2005. The Court reasoned that while there might be some regulatory control by the State over these societies, this does not amount to 'substantial financing' or 'control' by the government, which are prerequisites for a body to be classified as a 'public authority' under the RTI Act. The Court emphasized that the definition of 'public authority' requires a deeper level of governmental involvement than mere registration or general regulatory oversight.

What Follows The Supreme Court's decision means that co-operative societies in Kerala, and by extension similar societies in other states, are generally not bound by the provisions of the Right to Information Act, 2005, unless it can be demonstrated that they receive substantial government funding or are under significant governmental control. This ruling clarifies the scope of the RTI Act's applicability and limits the ability of citizens to seek information directly from such societies under this specific statute. Litigants seeking information from these entities will need to explore other legal avenues.