The main legal point established in the judgment is that the office bearers of the cooperative society shall constitute public servants within the meaning of the PC Act.

Kishore Kumar Mandal, J.

The petitioner of CWJC No. 1733 of 2013 was the elected Chairman of Mahmada Primary Agriculture Credit Co-operative Society, Barka Balua, P.S. Patahi, District-East Champaran (for short “The PACS”) and held office as such between 2006 to 2009. The petitioner of CWJC No. 10682 of 2011 is the PACS represented by the present Chairman who is the wife of petitioner of CWJC No. 1733 of 2013. Both the writ applications raise common issues and as such they have been heard together with the consent of the parties. The order present will govern them.

2. Relevant facts for the disposal of the case shall be noticed from CWJC No. 1733 of 2013. In the year 2009, election to the Managing Committee of the PACS was held in which Chandra Kishore Kumar, his wife Smt. Asha Singh as well as the respondent no. 4 filed nominations. The petitioner Chandra Kishore Kumar later withdrew. His wife Smt. Asha Singh was declared elected. During the tenure, the petitioner Chandra Kishore Kumar held the office of the Chairman of PACS the Scheme for grant of KCC loan to the Members of PACS was sponsored by the Central Government as well as the State Government. Several loans were recommended/sanctioned by the PACS to the Members, where after payment was made by the Central Cooperative Bank. In the year 2006, the crop insurance scheme/policy was also implemented through PACS. Crops grown by the Members of the PACS were ensured by PACS and the premium amount whereof was paid by the Central Cooperative Bank. On claim, insurance amount was paid to the members/farmers by the Cooperative Bank. At the instance of the respondent no. 4, it is stated, an enquiry was made by the District Magistrate, East Champaran, with regard to the alleged illegalities/irregularities committed by the Chairman in sanctioning the KCC loan as well as in the insurance of standing crops of the Members of the PACS. The said enquiry was dropped as no irregularity was found. Again the matter was raised in the Assembly and enquiry was made and the matter was dropped. A petition was filed before the Lokayukta, Bihar, which is stated to be pending. Unrelenting respondent no. 4 got a petition filed through another person before Vigilance Investigation Bureau. On the basis whereof, Vigilance Case No. 36 of 2011 was instituted, and a preliminary enquiry ensued. In connection therewith, several general and personal informations were sought from the Cooperative Department as well from the petitioner of CWJC No. 1733 of 2013. Annexure-2 is one such communications addressed to the petitioner Chandra Kishore Kumar calling upon him to furnish diverse informations relating to him and his family. As no information was furnished by the petitioner (Chandra Kishore Kumar) again the notice dated 12.10.2015 (Annexer-4 to I.A. No. 8858 of 2015) was issued to him to furnish informations relating to his family members, their property, both moveable and immoveable, and their financial investments. In the aforesaid interlocutory application, the legality of the said communication has also been challenged.

3. Heard Mr. Yogendra Mishra, the Sr. counsel in support of both the writ applications and the counsel for the State as well as Mr. Ramakant Sharma, the counsel for the Vigilance.

4. The counsel for the petitioner submits that the petitioner being the Chairman or Ex-chairman of the PACS is not a public servant. The Vigilance cannot make an enquiry against the office bearers of the PACS. Section 58 of the Bihar Cooperative Act (for short “The Act”) defines public servant. It is a State law. The general law enacted called the Prevention of Corruption Act, 1988 (for short “PC Act”) shall not be applicable in their case. The office bearers of the Managing Committee of PACS are not engaged in agriculture, trade or banking and do not receive any aid or grant either from the Central Government or the State Government or from any Corporation established under Central Act or State Act or any Au