Central Information Commission
Mrs. /Ms. Mohini Rana vs Office Of The Registrar Coop. ... on 12 February, 2009
CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi -110 067.
Tel: + 91 11 26161796
Decision No. CIC /SG/A/2008/00332/1632
Appeal No. CIC/SG/A/2008/00332
Relevant Facts emerging from the Appeal
Appellant : Mrs. /Ms. Mohini Rana,
B-62, Antriksh Apartments,
Sector-14, Extn, Rohini,
New Delhi-110085.
Respondent : Ms. Seema Bawa,
Asstt. Registrar & PIO, Govt. of NCT of Delhi.
Office of the Registrar Coop. Societies Parliament Street, New Delhi.
RTI application filed on : 01/09/2008 PIO replied : 09/09/2008 First appeal filed on : 15/09/2008 First Appellate Authority order : 24/10/2008 Second Appeal filed on : 02/12/2008
The appellant had asked in RTI application regarding election, audit, for reserving seats for women candidates, role or duty of the Registrars, action taken by the registrar's office, etc. Detail of required information:-
S.No. The Information Sought. The PIO replied.
1. What are the provisions as per DCS Amendment Act, 2006 Point 1 (a to f).
and DCS Rules, 2007 in case of following situations with Clarification of respect to a Co-operative GH Society? Rules/Act does not
a) When no elections are held for the Managing covered under RTI. Committee of the Society for more then 5 years and the term of the last elected MC expired more than 4 years back?
b) When no audit has been carried out for the accounts of the Society for the last 6 financial years?
c) When no worthwhile business has been carried out by it for the last more than 5 years?
d) When the Society has already fulfilled its basic objectives and all its assets including civil services are already being maintained by a registered Residents Welfare Association for the last more than 8 years?
e) When the last elected Secretary of the MC, Whose term has expired more that 4 years back, after several futile attempts to form new MC, brings the matter to the notice of Registrars' office and recommends the dissolution of the Society?
f) When the Society MC has no registered address?
2. As per DCS Amendment Act, 2006 and DCS Ruls, 2007- Please refer to
a) Who can appoint a Returning officer for conducting provisions of DCS the elections for the MC of the Society when there Act, 2003 & Rules is a dispute in the Society and also there is no MC 2007 available on for the last more than 4 years? the website of the
b) When no AGM has been held and the accounts of Department. the Society have not been audited, can the returning officer start the election process without the prior approval of the Registrar's office?
c) Can the elections for the MC of the Society be held without calling a General Body Meeting, Particularly, when there is no MC for the last more then 4 years, that too for only 5 post without even reserving seats for women candidates?
3. As per DCS Amendment Act, 2006 and DCS Rules 2007 in Point 1 (a to f).
case of above referred situations:- Clarification of
a) Can elections of MC be held by selective induction Rules/Act does not of new members done under section 91 by some covered under RTI. individuals, that too about 20 days before date fixed for inviting nominations, without displaying list of members as it stood 30 days before the date fixed for nominations and preparing, displaying and sending to the Registrars office the list of defaulters and also even without sending information regarding elections to the Registrars office?
b) Can an election of MC of a Society be conducted by hiding the contact details or identity of the Returning officer?
c) Can the selectively, newly inducted members contest the election for the MC of the Society?
4. What is the role or duty of the Registrars office if any such Point 1 (a to f).
situation i.e. gross irregularities / violations of DCS Clarification of Amendment Act, 2006 and DCS Rules, 2007 are brought to Rules/Act does not its notice? covered under RTI.
5. Has the Registrars office received a Complaint from some Yes.
original members as well as some residents who are eligible to be inducted as members in terms of the provisions of section 91 of the SCS Amendment Act, 2006, regarding such a situation existing i.e. glaring irregularities / violations of DCS Amendment Act, 2006 and DCS Rules, 2007 in case of New Town Co-operative GH Society Plot No. D-3, Sectro-14 Extn. Rohini, New Delhi.
6. What action has been taken / is proposed to be taken by the No. action has been Registrars office and in what time, with respect to the above taken till date. said complaint?
The First Appellate Authority ordered: -
"SPIO stated that the reply has been given to the appellant on 09/09/2008. Representative of appellant states that the reply given by the SPIO is evasive and is just deem refusal. He further states that as per the order No. F.CIC/80/A/07/01080 dated 30/04/2008 the CIC has directed that reply in respect of these items may be also given to the appellant. There are various provisions in DCS Act and Rules which has to be read together for any answer to questions which means the interpretation of Act for providing any reply. As such, I am inclined to agree with the SPIO that this is a clarification or interpretation of the Act and as per Section 2(f) of the RTI Act, 2005 this is not covered under the definition of RTI Act, 2005. However, the SPIO will attempt to provide whatever direct provisions of DCS Act, 2003 could be indicated as sought by the appellant with the proviso that this has to be read with the other remaining provisions of the DCS Act and Rules."
Relevant Facts emerging during Hearing:
The following were present Appellant: Ms. Neera Nagpal on behalf of Ms. Mohini Rana Respondent: Mr. M.L. Gupta PIO The respondent states that the queries demand an interpretation of rules which is not 'information' as per the RTI act. The Commission agrees with the respondent. The appellant states that he intended forcing the Public authority to read the rules which they should follow. The appellant has succeeded in his endeavour but the appeal is not sustainable.
Decision:
The Appeal is dismissed.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner February 12, 2009.
(In any correspondence on this decision, mentioned the complete decision number.)