Kabir, J. - (1.) This application has been filed by the appellant for stay of operation of the judgment and order of the learned Single Judge dated 23rd May, 2001, dismissing the appellants' writ petition, and for an order to restrain the respondents during the pendency of the appeal from giving any effect or further effect to the resolution adopted by the Rampurhat Co-operative A.R.D.B. Ltd. and to also restrain the West Bengal State Co-operative Agriculture and Rural Development Bank Ltd., hereinafter referred to as the "Apex Society", from treating the appellant/petitioner as removed from the office of Director and from allowing Shri Gouranga Mondal to claim to be a Director of the Apex Society in place of the appellant/petitioner. A prayer has also been made to restrain the respondents from interfering with the appellant/petitioners' functioning as Director of the Apex Bank till the disposal of the appeal.
(2.) The appellant/petitioner is a member and shareholder of Rampurhat Co-operative Agriculture and Rural Bank Ltd., which is an affiliated society to the West Bengal State Co-operative Agriculture and Rural Development Bank Ltd. The Annual General Meeting of the Apex Society is held by convoking representatives/delegates in the manner indicated in Rule 27 of the West Bengal Co-operative Societies Rules, 1987. Rule 30 of the said Rules provides for Constitution of the Board of the Apex Society by election from amongst members at an Annual General Meeting in the manner indicated in Rule 31.
(3.) Pursuant to a request made by the Apex Society regarding holding of its Annual General Meeting, the Board of Directors of the Rampurhat Co-operative A. R. D. B. Ltd. * nominated the petitioner to act as its representative in the Annual General Meeting of the Apex Society. Upon being nominated, the appellant/petitioner contested elections for the office of Director of the Apex Society and was duly elected as such Director at the Annual General Meeting held in December 1999.;