The tiresome and expensive process of Right to Information in India: Part 3

The content we followed in RTI Application to avoid disposal of application due to wrong authority or confidentiality of information:



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Sub: Request to furnish information under section 6(1) of the Right to Information Act, 2005 on the following points.

There are certain Cooperative housing societies that pass unregistered resolutions without following the due procedure in order to restrict unmarried Indian citizens as paying guests and tenants.

  • Particulars of information required:

Are such unregistered resolutions against Article 15 of the Constitution of India (which secures the citizens from every sort of discrimination by the State, on the grounds of religion, race, caste, sex, place of birth or marital status) valid?

  • The information sought does not fall under exemptions mentioned in section 8 of the RTI, Act 2005 (Rakesh Kumar Gupta Vs Central Information Commission).
  • The aforementioned kind of unregistered resolutions excludes individuals based on discrimination and are void based on Section 23 of the Indian Contract Act, 1872, which clarifies that contracts that have objectives that are unlawful or opposed to public policy, are unlawful. 
  • The Hon’ble Apex Court in the case of “St. Anthony’s Co-operative Society v. The Secretary (Co-operation and Textile Department), recognized that the right to housing is itself read into Article 21 and emphasised the importance of Co-operative societies as it provides an essential amenity of housing to the citizens.
  • That the Hon’ble Maharashtra state consumer disputes redressal commission in the matter of “Akruti Aneri Chs Ltd. vs Mrs. Cynthia Marriet Evelyn Pinto,” has upheld the district forum’s order dismissing the revision appeal whereby it restrained the society from implementing a resolution which prohibits the owners from renting the flats to bachelors.

If the information sought pertains to another department or another authority then transfer it under section 6(3) of the RTI Act, 2005 and send an intimation to me. Kindly send the information within the time specified under section 7(1) of the RTI Act, 2005 i.e. within thirty days of the receipt of the request. If you, in any circumstances reject this RTI application then kindly send the mandatory information under section 7(8)(i), 7(8)(ii), 7(8)(iii) of the RTI act, 2005.

Yours faithfully,

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