( 1 ) CAN the Gujarat State Co-operative Tribunal be validly constituted without inclusion of a `lawyer-member ? This question has arisen in the context of Rule 78 of the Gujarat State Co-operative Societies Rules 1965 which prescribes qualification of members of the Gujarat State Co-operative Tribunal. Another question is-If members of managing committee of a society decide to spend the finds of the society in irregular fashion on account of over exuberance due to honest mistake and without any unjust or improper motive would it amount to misconduct inviting action for `surcharge as provided under Section 93 of the Act ?

( 2 ) THESE are the main questions which call for examination and answer in the backdrop of the following facts:

( 3 ) RESPONDENT No. 1-Society is registered as a co-operative society on February 24 1949 and its registration No. is 12589. It is a federal society. At the relevant time petitioner No. 22 was the Manager of the Society and other petitioners were the members of the Managing Committee of the Society. In connection with the affairs of the Society for the period commencing from July 1 1973 to June 30 1975 special audit was carried out which