Supreme Court says co-operative bank member can get contract and minutes under RTI

The Supreme Court on 26 October 2026 held that a member of a co-operative bank in Kerala is entitled, under the Right to Information Act, 2005 (RTI Act), to copies of the bank's construction agreement and the minutes of its last general body meeting, obtained through the Registrar of Co-operative Societies. The court dismissed the appeals of The Muppathadam Service Co-operative Bank Ltd. and directed that the documents be supplied within two weeks.

What Happened

According to the judgment, a member of the bank had sought, through an RTI application to the Joint Registrar (General) of Co-operative Societies, a copy of the bank's agreement with a labour co-operative society that was given a building contract, and the minutes of the last general body meeting. The State Information Commissioner, a single judge and a Division Bench of the Kerala High Court had upheld the member's right to the documents in the second round.

The bank argued that it is not a "public authority" under the RTI Act and that the Registrar can access its records only after deciding to hold an inquiry under the Kerala Co-operative Societies Act, 1969. The court rejected this. It held that "information" under Section 2(f) of the RTI Act includes material of a private body that a public authority can access under another law, and that the Registrar's power of access under Sections 65 and 66 of the state Act is not conditional on an inquiry already being under way.

The court also held that the documents were not exempt under Section 8(1)(d), since the bid was over and the contract awarded, or under Section 8(1)(j) as personal information, since they were sought by a member.

What It Means

The ruling means a member of a co-operative society or co-operative bank cannot be refused such documents on the ground that they are personal to the society or do not involve a public activity, if the Registrar can access them under the law. The court said the position would be different if a third party unconnected with the society made an identical request. The Joint Registrar must now call for the two documents and supply them to the member within two weeks.

Source: Supreme Court judgment