Even before the
enactment of Right to Information act or 97th amendment to the constitution of
India, long back in 1985, constitutional bench of Supreme Court in a judgement
in "Daman Singh vs. state of Punjab"has said that, the cooperative
societies are governed by statute from their inception. They are created by statute
and they are controlled by statute .This has become known due to Bombay
high courts recent judgement.
Though not
directly related to Right to information, but Bombay high courts recent judgement on co-operative societies has brought some points forward, those explain very essence of the recent 97th ammendment
to the constitution. The Bombay high court has opined, "The cooperative movement is a socio
economic and moral movement. In that, General Public has a definite place and
its participation is but natural"
Bombay High
Court recently rejected a revision plea by the manager of a cooperative bank
facing liquidation for discharge in a case under Prevention of Corruption Act
.In this case justice S.C .Dharmadhikari held that the manager was discharging
public duty and hence, would have to face trial under PCA.
While delivering
this judgement justice Dharmadhikari has dealt with various aspects of the co-operative
societies and public interest .And these aspects, show how cooperative
societies come under the ambit of RTI. Reproducing here just two related
paragraphs of the judgement.
51. The
directive principles of State Policy have an important role in the
Constitutional Scheme. Part IV of the Constitution of India enumerates
directive principles of State Policy.
Article 37 clarifies that the provisions contained in this part shall not be
enforceable by any Courts, but the principles laid down therein are
nevertheless fundamental in the governance of the country and it shall be the
duty of the State to apply these principles in making laws. Articles 38 and
39 cast a duty on the State to secure a social order for the promotion of the
welfare of the people. Article 39 sets out the principles of policy to be
followed by the State. Article 40 provides for organization of Village
Panchayats and Article 43 under which the State shall endeavour to promote
cottage industries on an individual or cooperative basis in rural areas is the
foundation for the Cooperative movement and particularly now by Article 43B of the Constitution of India,
everything gets clarified. These Articles read as under: “
43. Living wage, etc., for workers – The
State shall endeavour to secure, by suitable legislation or economic
organization or in any other way, to all workers, agricultural, industrial or
otherwise, work, a living wage, conditions of work ensuring a decent standard
of life and full enjoyment of leisure and social and cultural opportunities
and, in particular, the State shall endeavour to promote cottage industries on
an individual or cooperativeBasis in rural areas.
[43B. Promotion of cooperative societies.
The State shall endeavour to promote
voluntary formation, autonomous functioning, democratic control, and
professional management of cooperative societies.]” [Ins. by the Constitution (Ninety-seventh
Amendment) Act, 2011, s. 3 (w.e.f. 1522012).
52.
Therefore, the cooperative movement is a socio economic and moral movement. In
that, General Public has a definite place and its participation is but natural.
There are not just members' interests involved in the Cooperative Societies.
The Hon'ble Supreme Court holds that the very philosophy and concept of the
cooperative movement is impregnated with the public interest. (See Para 10
at page 979 of the Judgment of the Hon'ble Supreme Court in the case of Daman
Singh Vs. State of Punjab, reported in AIR 1985 SC 973). Cooperation is a substitute for self-interest of individual or group of
individuals for the benefit of the whole community. The Cooperative
Societies undertake agricultural and non-agricultural operations and functions
including financial. Therefore, it is futile to urge that only members or
depositors are interested in the working and functioning of a Cooperative Bank
or its liquidation and winding up. There are persons like the Complainant, who
deal with the Cooperative Banks or Societies and whose funds and properties are
utilized by such Entities. When they complain that persons who are appointed as
officers during the course of winding up and liquidation proceedings of the
Societies’, commit acts which is a criminal misconduct and indulge in bribery
and corruption, then, the P.C. Act, 1988 and its mechanism must be made
available for dealing with the grievances and complaints of such persons. Once the constitutional perspective is
borne in mind, then, the position of a Cooperative Society is not confined to
local limits, nor its functioning and working restricted to few persons. There
is a definite stake of the Society and the community at large in the working
and functioning of such societies. Therefore, the Applicant was discharging
a public duty. The conclusion of the learned Judge cannot be said to be
vitiated in any manner and particularly as suggested by Mr. Warunjikar.
I guess this
will start new and healthy discussion on , whether cooperative societies come
under the ambit of RTI act or not ?.If we go through both the above judgements
it seems that RTI act was applicable to co-operative societies even before 97th
amendment to the constitution.
Related Blogs
