The short facts necessary for disposal of these appeals may be briefly stated as under.
When the matter was placed before a learned Single Judge, he referred the matter to a larger Bench as he did number agree with the views expressed by several other learned Single Judges of the Court.
Assailing the order of learned Special Judge, the State moved the High Court.
The accused persons are the members of the Managing Committee of the companyoperative societies and the Chairman of such companyoperative societies.
PATTANAIK, J. These appeals by grant of leave by the High Court itself under Article 134 1 c of the Constitution of India read with Rule 28 2 of the Supreme Court Rules, by the State of Maharashtra, raises the question whether the Chairman of a Co operative Society under the Maharashtra Co operative Societies Act, can be held to be a public servant for the purpose of Section 21 of the Indian Penal Code and as such, can be proceeded against for offences under Section 5 1 read with Section 5 2 of the Prevention of Corruption Act, 1947.
