THALAPPALAM SER. COOP. BANK LTD. AND ORS. versus STATE OF KERALA AND ORS.

Citation: [2013] 14 S.C.R. 475 · Decided: 07-10-2013 · Supreme Court of India · Bench: K.S. RADHAKRISHNAN · Disposal: Appeal(s) allowed

Cited by 9 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2013] 14 S.C.R. 475 
THALAPPALAM SER. COOP. BANK LTD. AND ORS. 
v. 
STATE OF KERALA AND ORS. 
{Civil Appeal No. 9017 of 2013) 
OCTOBER 07, 2013 
[K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] 
Right to Information Act, 2005: 
A 
B 
s. 2(b) - 'Public authority' -
Whether includes Co-
c 
operative Societies registered under Kera/a Co-operative 
Societies Act, and hence whether such society bound to 
provide information sought under the RT/ Act - Held: The 
definition of 'public authority' under RT/ Act includes the 
bodies which are owned, controlled or substantially financed, 
D 
directly or indirectly, by funds provided by the appropriate 
Government and also by Non-Government Organizations 
(which are substantially financed, directly or indirectly, by 
funds provided by the appropriate Government) - The co-
operative societies in question, will not fall within the definition 
E 
of 'public authority' as defined u/s. 2(h), as they are not owned, 
controlled or substantially financed by the appropriate 
Government - Kera/a Co-operative Societies Act, 1969. 
s. 2(h) - 'Public authority' - Connotation of - Held: 
Bodies which are owned, controlled or substantially financed, 
F 
cfirectly or indirectly, by funds provided py the appropriate 
government and also by Non-Government Organizations 
(substantially financed, directly or indirectly by funds provided 
by the appropriate Government) - A body, institution or an 
organization, which is neither a State (within the meaning of G 
Art. 12 of the Constitution) nor its instrumentalities, may still 
answer the definition of 'public authority'. 
Interpretation of Statutes -Legislative intent -
475 
H 
476 
SUPREME COURT REPORTS 
[2013] 14 S.C.R. 
A Asc3rtainment of - Primarily the language employed is the 
determinative factor of the legislative intention - If the words 
of a statute are clear, plain and unambiguous and susceptible 
to only one meaning, the Court is bound to give effect to that 
mEianing irrespective of the consequences - Courts are not 
B entitled to usurp the legislative function under the guise of 
interpretation. 
Rights - 'Right to information' vis-a-vis' right to privacy' -
Discussed - Constitution of India, 1950 - Articles 19(1)(a), 
C 1f1(2) and 21. 
Words and Phrases: 
'Co-operative Society' - Connotation of. 
Means' and 'Includes' - Connotation of - When a word 
D is defined to 'mean' something, the definition is prima facie 
rEistrictive - Where the word is defined to 'include' some other 
thing, the definition is prima facie extensive - But where both 
tl1e expressions 'means' and 'includes' are used, the 
categories mentioned there would exhaust themselves. 
E 
'Control' - Connotation of, in the context of s. 2(h)(d)(i) 
of Right to Information Act, 2005. 
'Substantial' and 'substantially financed' - Meaning of, in 
F 
t.he context of s. 2(h)(d)(i) and (ii) of Right to Information Act, 
~W05. 
The question for consideration in the present 
appeals was whether a co-operative society registered 
under the Kerala Co-operative Societies Act, 1969 will fall 
G within the definition of "public authority" under Section 
2(h) of the Right to Information Act, 2005 (RTI Act)and be 
bound by the obligations to provide information sought 
for by a citizen under the RTI Act. 
H 
Allowing the appeals, the Court 
THALAPPALAM SER. COOP. BANK LTD. v. STATE 477 
OF KERALA 
HELD: 1.1. A clear distinction can be drawn between 
A 
a body which is created by a Statute and a body which, 
after having come into existence, Is governed in 
accordance with the provisions of a Statute. The Societies 
in question , fall under the later category, that is governed 
by the Societies Act and are not statutory bodies, but 
B 
only body corporate within the meaning of Section 9 of 
the Kerala Co-operative Societies Act having perpetual 
succession and common seal and hence have the _power 
to hold property, enter into contract, institute and defend 
suits and other legal proceedings and to do all things c 
necessary for the purpose, for which it was constituted. 
Section 27 of the Societies Act categorically states that 
the final authority of a society vests in the general body 
of its members and every society is managed by the 
managing committee constituted in terms of the bye-laws 
0 
as provided under Section 28 of the Societies Act. Final 
authority so far as such types of Societies are concerned, 
as Statute says, is the general body and not the Registrar 
of Co-operative Soci

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