The Residents Welfare Society cant escape from sharing information under the RTI: HC directs DLF Valley Residents Welfare Society, Panchkula, to allow inspection of record to a resident.

CHANDIGARH HIGH COURT: High Court on Monday directed the DLF Valley Residents Welfare Society, Panchkula, to allow inspection of record to a resident, under the RTI Act. The petitioner Pardeep Rapria, a practicing lawyer in the High Court, in his petition has argued that being a resident of ‘DLF Valley Panchkula’, he and other residents have financial as well as other statutory rights in the overall functioning of this Residents Welfare Society. However, the Governing Body of the aforesaid residential society has not been elected by the residents/members of the society; rather the same has been formed by the DLF Universal Limited, consisting of its own officials and other person having direct interests in the affairs of aforesaid company. Therefore, suspecting that affairs of the Residents Welfare Society were marred by conflict of financial interests and maladministration, he filed an RTI Application seeking information relating to the accounts, balance-sheet, maintenance, interest bearing maintenance security (IBMS) available with the Society.   State Information Commission, on Petitioner’s appeal, also directed the society to allow inspection of record and provide information. However, the officer bearers of the ‘Residents Welfare Society’ have malafidely delayed and blocked the requisite information; with an intention to defeat the residents’ right to discuss and debate the budget, balance-sheet, accounts books, audit report of the society, during Annual General Meeting (AGM) of the Society on 23^rd September, 2018. Mr. Rapria argued before the High Court that without access to the information about the accounts, maintenance charges etc. the AGM is meaningless for residents. Petitioner argued that not only his rights; but also the rights of more one thousand residents have been deprived of their right to know the affairs of Society and discuss and debate the same during the forthcoming AGM.

After hearing the arguments of Petitioner and keeping in view the urgency and sensitivity of the matter the HC on 13^th September, 2018 had issued notice to the Secretary of the Residents Welfare Society, for hearing on Monday. During the hearing the counsel for the Residents Welfare Society objected to the inspection of the record; by saying that the requisite information had already been furnished. However, Mr. Rapria argued that the inspection had not been allowed in compliance to the SIC’s directions. Upon this; the HC directed the Society to allow inspection of the record to the Petitioner and fixed the hearing of the matter on coming Wednesday. The decision of the High Court will have far reaching impact on the functioning of numerous residents’ welfare associations, often facing allegations of maladministration and financial irregularities from residents.