The minutes of the
Managing Committee meetings of a co-operative society cannot be claimed as
‘pertaining to the commercial confidence, trade secrets or intellectual
property.’ Hence, the petitioner is entitled to obtain the information on such.
IN THE HIGH COURT OF KERALA
W.P. (C) No. 14686 of 2006
Equivalent Citation: 2006(3)KLT696
Decided On: 06.07.2006
Appellants: Abdu Razak
Vs.
Respondent: State of Kerala
JUDGMENT:
K. Thankappan, J.
The Present Appeal
Petitioner has approached this Court for a direction to respondents 3
and 4 to issue necessary information to the petitioner as prayed for in Exts.P1
and P7 applications.
The Background
The petitioner is an ‘A’ class member of the 5th respondent Service
Cooperative Bank, which is a Cooperative Society registered under the Kerala
Cooperative Societies Act. He submitted an application before the 3rd respondent Society for obtaining certain
information by way of copies of documents. Since there was no positive response
from the 3rd respondent, the petitioner submitted similar application before
the 4th respondent. Thereafter, the petitioner was informed
that the required copies of the documents will not be furnished without
the consent of the department. Therefore, the petitioner submitted a representation
before the Assistant Registrar of Co-operative Societies and the Assistant
Registrar directed the 3rd respondent to take steps to issue copies of the
documents to the petitioner. According to the petitioner, even after the
direction, there was no response from the 3rd respondent.
Aggrieved by the inaction on the part of the 3rd respondent, the Writ
Petition is filed.
The High Court observed
as follows and held:
“4. Question to be decided in this Writ Petition is that, as per the
provisions of the Act, the petitioner is entitled to obtain the information
relates to items 3 and 4 or not.
5. By Ext.P7 the petitioner requested certain documents. Item No. 3 is
the copies of minutes of various meetings of the Managing Committee held
between 1-12-25 to 31-1-2006 and item No. 4 is the copy of reference file in
respect of an enquiry ordered. The objection is that item 3 is the copies of
minutes of various meetings of the Managing Committee and it is not conducive
for the better interest of the bank to publicise the decisions taken in various
meetings of the committee and under S.8(1)(d) of the Act there is no obligation
to give any citizen information including commercial confidence, trade secrets,
the disclosure of which would harm the competitive position of a third party
and, therefore, the details cannot be issued as required for.
6. In order to ensure greater and more effective access to information,
the Act was introduced for providing an effective frame work for effectuating
the right of information recognized under Article 19 of the Constitution of
India. The provisions ensure maximum disclosure and minimum exemptions,
consistent with the constitutional provisions, and effective mechanism for
access to information and disclosure by authorities. Democracy requires
informed citizens and transparency of information. The Act provides for setting
out Central Information Commission and State Information Commissions to promote
transparency and accountability in the working of every public authority. Section
8 of the Act deals with exemption from disclosure of information. Section 8(1)(d) of the Act reads as
follows:-
xxxx
Section 2(f) defines
the term "information" xxxx
The information sought for under item No. 3 concerns the minutes of the Managing Committee
meetings and it is not pertaining to the commercial confidence, trade secrets
or intellectual property. Hence, the petitioner is entitled to obtain the
information under item No. 3.
7. Item No. 4 is the copy of reference file in respect of an enquiry
ordered by the Assistant Registrar of Co-operative Societies, Tirur. As per the
counter affidavit filed by the 4th respondent, item No. 4 is
available with the Assistant Registrar of Cooperative Societies, Tirur. For
obtaining information under item No. 4, the petitioner has to make a request to
the Assistant Registrar, Tirur.
8. In the above circumstances, the
Writ Petition is allowed directing the 5th respondent bank to issue the
information as prayed in Exts.P1 and P7, except item No. 4, to the petitioner
on payment of the prescribed fee, as early as possible at any rate within 15
days from the date of receipt of copy of this judgment.
The Writ Petition is allowed as above.”
(Not to be taken as official copy of judgment. Extracted from original judgments- Emphasis supplied)
**
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