Co-operative society records under RTI — Gujarat HC 2019

Co-operative society records under RTI — Gujarat HC 2019 — RTI Wiki

Quick Reply: Co-operative societies substantially financed by government are §2[h] public authorities; purely member-run societies are not.

Gujarat High Court · 2019-04-18 · 2019 SCC OnLine Guj 756

Co-operative societies substantially financed by government are §2[h] public authorities; purely member-run societies are not.

Substantial-finance test from Thalappalam applies to Gujarat co-operatives.

Case details

Court Gujarat High Court
Decided 2019-04-18
Citation 2019 SCC OnLine Guj 756
Bench R, ., M, ., , C, h, h, a, y, a, , J
Petitioner Savli Taluka Co-op. Agri. & Rural Dev. Bank Ltd.
Respondent Gujarat State Information Commission
RTI Act sections §2(h)
Outcome partly allowed

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Outcome

Co-operative societies substantially financed by government are §2(h) public authorities; purely member-run societies are not.

Ratio decidendi

Applying the Supreme Court test in Thalappalam Service Co-op. Bank v. State of Kerala (2013), the Court held that a co-operative society is a §2(h)(d)(i) public authority only where there is substantial government financing or control. Mere registration under the Co-operative Societies Act does not by itself trigger §2(h). Where societies receive continuing budgetary support or their Board is state-nominated, they come within the Act. The petitioner society here did not meet the threshold and was outside §2(h).

Keywords

section 2(h), co-operative society, Thalappalam, substantial financing, Gujarat

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Editorial summary, not a certified report. The ratio here is an editorial compression. Before citing this ruling in a PIO order, FAA speaking order, or any appellate filing, verify against the full reported decision. RTI Wiki is not a legal service.

Editorial summary · last reviewed 21 April 2026.

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