NATWARLAL PITAMBER DAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. R. P. Solanki waives service of rule on behalf of the respondents. In the facts of the case, the petition is ordered to be heard today.

(2.) The petitioner is ex-Chairman of Gujarat State Co-operative Marketing Federation Ltd. He has been served with a summons (wrongly described as order in the petition) dated 8th July, 1989 issued by respondent No. 3 herein, who is the Inquiry Officer appointed by the Registrar, Co-operative Societies. By this summons, the petitioner is directed to remain present before the Inquiry Officer and answer the questions mentioned in the questionnaire attached to the summons. The petitioner has challenged the legality and validity of the summons and has also prayed for declaration that the provisions of Section 86 (3) of the Gujarat Co-operative Societses Act, 1961 (for short 'the Act') be declared as ultra vires the Constitution of India.

(3.) It is an undisputed position that the petitioner was, in past, the Chairman of the Gujarat State Co-operative Marketing Federation Ltd. Simply because he was not a paid employee or that he held the position as an elected person it cannot be said that he was not an officer of the Society. The term 'officer' has been defined in Section 2 (14) of the Act. As per the definition, officer means a person elected or appointed by a Society to any office of such society according to its bye-laws. The definition of term 'officer' specifically mentions that it includes the Chairman and other persons elected or appointed under the Act, the Rules or bye-laws to give directions in regard to the business of such society. Therefore, the petitioner is covered by the provisions of Section 86 (3) of the Act.