J. B. MEHTA, S. H. SHETH, J.

( 1 ) THE petitioner who was the manager of the opponent No. 2 Co-operative Society and also member of its managing committee was held to be liable jointly with others by the order of the Co-operative Tribunal dated September 19 1965 and was ordered to pay a sum of Rs. 25149-51 which had been defalcated. After the said liability was finally fixed in appeal the said award of the Tribunal was sought to be executed against the petitioner by coercive process under the Land Revenue Code as provided under sec. 103 (b) of the Gujarat Co-operative Societies Act 1961 hereinafter referred to as the Act. As warrant of arrest was issued against the petitioner the petitioner has challenged the said coercive process by attacking the vires of the provisions of sec. 103 of the Act and secs. 157 and 158 of the Code as violating Article 14. The petitioner has also challenged the action of the Collector as he tried to follow this harsher procedure of coercive recovery without exhausting other processes. Sec. 103 (b) was also attacked on the ground that it was also repugnant to the provisions of the Civil Procedure Code for recovery of such award which was deemed to be a de

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