Authority: High Court of Karnataka at Bengaluru

Order Date: 10 July 2026

Case Overview

  • Parties: Appellant – Century Club, a society registered under the Karnataka Societies Registration Act, 1960, represented by its Secretary (advocated by Sri Prashanth Murthy S.G.). Respondent No.1 – S. Umapathy (party‑in‑person). Respondent No.2 – Karnataka Information Commission (KIC).
  • Nature of Proceeding: Writ Appeal No.1351 of 2025 (GM‑RES) filed under Section 4 of the Karnataka High Court Act, 1961, seeking to set aside the KIC order dated 8 July 2025 that declared the Century Club a “Public Authority” under the Right to Information Act, 2005 (RTI Act).
  • Background: The Century Club was founded in 1913 by His Highness Maharaja of Mysuru and Sir M. Visveswaraya, receiving a free grant of 7.5 acre of land in Cubbon Park, Bengaluru. The club operates as a private members’ recreational society. On 11 December 2012, respondent No.1 filed an RTI application (Section 6) seeking the club’s records and publication obligations under Section 4(1)(a) and (b). The club replied on 19 December 2012, stating it was not a “Public Authority” and therefore would not furnish the information.
  • Complaint before KIC: On 26 June 2013, respondent No.1 lodged a complaint under Section 18 of the RTI Act (KIC No. 6921 PTN/2013) requesting the declaration of the Century Club as a “Public Authority”, appointment of a Public Information Officer (PIO), and suo motu disclosure of information.
  • KIC Order (04 October 2017): The Commission held that the historic land grant constituted “substantial finance” by the Government, thereby qualifying the club as a “Public Authority” under Section 2(h) of the RTI Act. It directed the Registrar of Co‑operative Societies to issue a notification for appointment of a PIO.
  • Writ Petition (2018): The Century Club challenged the KIC order. The Single Judge dismissed the petition, relying on Supreme Court judgments in Thalappalam Service Cooperative Bank Ltd. v. State of Kerala (2013 16 SCC 82) and D.A.V. College Trust & Management Society v. Director of Public Instructions (2019 9 SCC 185).
  • Arguments Presented:
  • Appellant: Asserted that the club does not satisfy any limb of the definition of “Public Authority” in Section 2(h); it is a private members’ club formed under the Mysore Societies Regulation No. III, 1904, with no statutory or governmental establishment, no public functions, and no government‑issued notification. Relied on several recent decisions (Air Force Sports Complex v. Lt. Gen. Dahiya 2024, Batra Hospital v. CIC 2018, Union of India v. Rabindra Singh 2012) to argue that the RTI Act should not be extended to private entities.
  • Respondent No.1: Maintained that the club enjoys substantial state support through the 7.5 acre land grant, which amounts to indirect financing, and therefore falls within the ambit of Section 2(h)(d) and (i). Emphasised that the land belongs to the public and the club pays no rent, causing loss to the State exchequer.
  • Respondent No.2 (KIC): Asserted jurisdiction under Section 18, held that the land grant is “substantial finance”, and that the club must comply with RTI obligations.
  • Legal Provisions Cited: RTI Act, 2005 – Sections 2(h), 4(1)(a)&(b), 6, 18, 19(8)(a). The judgment reproduced the full text of Section 2(h) and Section 4(1) obligations.
  • Court’s Reasoning: The bench (Justices Anu Sivaraman & Venkatesh Naik T) found that the historic grant of 7.5 acre by the Maharaja of Mysore, regarded as an act of the State (pre‑independence sovereign), constitutes “substantial indirect financing” by the Government. The court accepted the KIC’s interpretation, noted the Supreme Court precedents, and concluded that the club must be treated as a “Public Authority” for RTI purposes.

Final Outcome

  • The writ appeal is dismissed without costs.
  • All pending interlocutory applications are also dismissed.
  • The Century Club remains obligated to appoint a Public Information Officer and comply with the disclosure requirements of the RTI Act.

Topics: RTI Classification, Public Authority Determination