The main legal point established in the judgment is that employees of co-operative societies are deemed to be public servants under the amended provisions of the Indian Penal Code and the Prevention of Corruption Act, thereby subjecting them to liability under the mentioned sections.

BALAKRISHNA ERADI, J.

The petitioners in these Criminal Miscellaneous Petitions are employees of certain co-operative societies. They are figuring as accused in certain cases now pending trial before the Special Judge, Trivandrum wherein the petitioners stand charged for offences under S. 5(1)(c) and (d) read with S. 5(2) of the Prevention of Corruption Act and S. 408 I.P.C. The petitioner in Criminal M.P. 1001 of 1975 is also facing a charge under Section 409 I.P.C. before the Special Judge When those cases were taken up for trial by the Special Judge a preliminary objection was raised on behalf of these accused that they are not public servants liable to be proceeded against either under S. 5 of the Prevention of Corruption Act or under S. 409 I.P.C. and that hence the Court of the Special Judge has no jurisdiction to try the cases. By separate but similar orders the learned Special Judge overruled the said contention and held that he has jurisdiction to proceed with the trial of the cases. These Miscellaneous Petitions have been preferred against the said decision rendered by the Special Judge on the preliminary point raised before him.

2. Counsel appearing on behalf of the petitioners placed strong reliance on the decision reported in Arunachalam v. State of Kerala (1974 Ker LT 7) wherein a learned single Judge of this Court has observed that the Secretary of a Co-operative Society cannot be said to be a public servant inasmuch as he does not come within any of the categories of officers mentioned in clauses (1) to (9), (11) and (12) of S. 21 I.P.C. and that the evidence in that case did not also establish that the Secretary of the particular Co-operative Society came within the description contained in clause (10) of S. 21 I.P.C. In our opinion this decision is not of any assistance to the petitioners in these cases nor can it be treated as an authority laying down that a Secretary or any other employee of a Co-operative Society cannot be regarded as a 'public servant' for the purpose of any of the provisions of the Indian Penal Code. The only provisions of the Indian Penal Code which fell to be considered by the learned Judge in that case was S. 409 and as we understand the decision what was held therein was only that on the evidence adduced in that case it would not be said that the duties of the Secretary of the particular co-operative society concerned in the case were such as to fall within the description contained in clause (10) of S. 21.

3. By Ss. 2 and 3 of the Kerala Criminal Law Amendment Act, 1962 - Act 27 of 1962 - S. 161 of the Indian Penal Code was amended by inserting the following explanation:-

"Public Servant" - For purpose of this section and Ss. 162, 163, 164, 165 and 165-A, the words 'public servant' shall denote, besides those who are public servants under S. 21 or who are deemed to be 'public servants' within the meaning of that section under any law for the time being in force, persons falling under any of the descriptions hereinafter following namely :-

(i) Every officer in the service or pay of the Travancore Devaswom Board or the Cochin Devaswom Board;

(ii) Every officer in the service or pay and every member of the Wakfs Board constituted under the Wakf Act, 1954 (Central Act, 29 of 1954);

(iii) The President and every member of a Village Court or Village Panchayat Court;

(iv) Every member of the Board of Directors or of the executive or managing committee and every officer or servant of a co-operative society registered or deemed to be registered under the law relating to co-operative societies for the time being in force;

(v) Every member of the governing body and every officer or servant in the service or pay of a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 or the Societies Registration Act, 1860 and receiving aid or grant from the Government;

(vi) Every teacher or other officer or servant of the University o