Is RTI Applicable to Cooperative Housing Society

The RTI Act for Cooperative Societies serves as a vital tool that brings transparency to India’s vast cooperative ecosystem. The scale is massive—cooperative societies make up about one-sixth of Maharashtra’s economy. These organizations affect your daily life deeply if you live in a housing society, with roughly 6.5 lakh societies across India and 30 crore members nationwide.

People often wonder, “Can you file an RTI against the housing society?” particularly when transparency seems absent. Then everything changed with the 97th Constitutional Amendment in 2012 that recognized cooperative societies under Article 19 as a fundamental right. The Supreme Court’s decision now brought within the purview of the RTI Act a state-owned, controlled or substantially funded cooperative society.

Later, the Central Information Commission went further by naming housing society Presidents and Secretaries as Public Information Officers. This expanded the reach of the RTI Act for Cooperative Societies to residents directly. The timing was critical—by 2012, the cooperative sector had over ₹15,000 crore that wasn’t properly accounted for.

Can an RTI be filed against a Hosing Society Institution? 

The debate around RTI in housing society governance is convoluted and varies across the country. The Aurangabad small bench of the Bombay High Court stated that every co-operative institution, including housing societies, both 75,000 housing societies in Mumbai, to comply with openness circumstances. Yet legal circles continue to debate its universal applicability.

Legal Status Varies by State

• Maharashtra: The Bombay High Court favors applying RTI to housing societies.
• Tamil Nadu: The Madras High Court ruled that cooperative societies under the Tamil Nadu Cooperative Societies Act are not public authorities under Section 2(h) of the RTI Act.

So, while Can RTI be Filed Against Housing Society may have a yes in Maharashtra, it might be a no in Tamil Nadu unless there is substantial government control or funding.

Accessing Information Through the Registrar

If your housing society isn’t directly under RTI, you can still get information via the Registrar of Cooperative Societies, who qualifies as a “public authority” under Section 2(h). What you can do is:

• File a complaint to the District Deputy Registrar
• Wait for a response for 30 days.
• If you are not satisfied, use RTI in the context of housing societies to make an RTI application to the Registrar’s office.

The courts have held that no cooperative society can deny the Registrar information, unless it is information exempted under Section 8 of the RTI Act.

RTI Act for Cooperative Societies: Legal Framework

Understanding the RTI Act for Cooperative Societies requires knowing how the term public authority is interpreted:

Legal Reference	Interpretation
Section 2(h) of RTI Act	Definition of a “public authority”:• Institutions set up by the Constitution or law• Bodies owned, controlled, or substantially financed by the government• Non-Governmental Organisations that receive substantial government funding
Tamil Nadu (Judgment from the Madras HC)	With regard to the RTI Act cooperative societies are independent legal entities and so cannot be deemed a public authority under the RTI Act.
Madhya Pradesh (State Information Commissioner)	Awarded society public authority status since it received over ₹50,000 in government funding and fell within the ambit of the RTI Act.

The Supreme Courts stated that “substantial funding” does not mean amounting to majority funding. Discounts on land or grants can also count as funding.

Even if your society itself does not strictly fall under the RTI, it is still possible to request access to your housing society records or information from the registrar. The Kerala High Court has ruled that registrars must provide all relevant information about housing societies unless there is specific exemption under Section 8.

How to Request Information from a Housing Society

Even if your housing society is not explicitly covered under RTI, the following methods may give you practical access to the information that you are seeking:

1. Direct Application under the Maharashtra Cooperative Societies Act

Under Section 32 (1) of the Maharashtra Cooperative Societies Act, all members shall have the right to inspect any documents of the society that are required to be maintained under the MCS Act, during office hours; and Section 32 (2) makes it possible to put in a written application to the Chairperson or Secretary. You request should be:

• Polite and non-accusatory.
• Accompanied by a copy to the Deputy Registrar.
• Factual, specific, and within the scope of permitted access.

Fees are usually ₹5 per page, and responses must come within 30 days.

2. Filing RTI Application Through Deputy Registrar

If direct communication fails, here’s How to File RTI for Housing Society through the Deputy Registrar:

• Use Annexure A format as per Maharashtra RTI Rules.
  
• Attach ₹10 court fee or Indian Postal Order.
  
• Address it to the Public Information Officer at the Deputy Registrar’s office.
  
• Clearly mention required documents (e.g., audit reports, AGM minutes, registration certificate).

The Deputy Registrar will retrieve the data using Sections 77 and 78 of the MCS Act.

3. Escalation If Information is Denied

If your society or registrar does not respond:

• Lodge Section 146(j) and 147 complaints under the MCS Act.
• Lodge a first appeal under Section 19(1) of the RTI Act.
• Refer to Section 148A of the MCS Act (Contempt of Cooperative Courts) for serious violations.
• You may also file a consumer complaint citing “deficiency in service,” backed by prior correspondence.

Conclusion

The RTI Act for Cooperative Societies has opened the door to transparency, especially in states like Maharashtra where High Court rulings favor citizen access. While the question “Can RTI be Filed Against Housing Society” has no uniform answer across India, alternate legal routes exist. The Registrar acts as a public authority and can be your gateway to accessing housing society records. Using the RTI process, state cooperative laws, and the consumer court system ensures you’re not left in the dark.

FAQs

Q1. Are cooperative housing societies subject to RTI?
Not always. Only societies with substantial government funding or control are directly covered. Others may require filing RTI via the Registrar.

Q2. How can I get information if RTI doesn’t apply?
Use cooperative society laws to apply directly or request info via the Deputy Registrar using RTI.

Q3. What if the housing society denies info?
File a complaint with the Registrar, submit an RTI first appeal, or approach the Consumer Forum.

Q4. Can I file a writ petition against a cooperative housing society?
Only if the society performs a public function or is government-controlled. Otherwise, use alternate legal channels.Q5. Who handles housing society complaints?
The Cooperative Ombudsman is the official authority. File complaints using Form VI as per the MSCS Rules, 2002.