Harish Tandon, J. - (1.) The instant Writ Petition is filed by Majdia Talaha Union Co-operative Large Sized Primary Agricultural Credit Society Ltd. challenging the orders dated 30th November, 2011, 4th September, 2015 and 3rd November, 2015 passed in Appeal No. 37 of 2011 by the West Bengal Co-operative Tribunal whereby and where under the appeal was registered upon condonation of delay and directions were passed in furtherance thereof. Basically, the petitioner intended to impugn the entire proceeding, which is entertained by the Co-operative Tribunal not only on the ground that it lacks jurisdiction but also on the ground of validity and legality of the appointment of Chairman of the said Tribunal.
(2.) The specific points urged at the Bar would be succinctly indicated later. The undisputed facts relevant to address the issues raised in this Writ Petition are required to be adumbrated. The dispute Case No. 44 of 2009-2010 was filed before an authority under Section 95 of the West Bengal Co-operative Societies Act challenging the notice issued by Asit Kumar Sarkar, the respondent no. 4 herein, as secretary of the society to hold a meeting, to be declared as illegal and not binding on the society. The first petitioners of the dispute case was shown as Taldah Majdia Union Cooperative Large Sized Primary Agricultural Credit Society Ltd. and second petitioner was one Bhaskar Dutta, who is the petitioner no. 2 herein. An award was published on 12th October, 2010. A Writ Petition was filed by the present petitioners assailing the award dated 8th December, 2010 on various grounds including that the award is bad and illegal having passed in favour of Taldaha Majdia Union Co-operative Large Sized Primary Agricultural Credit Society Ltd. when the Co-operative Society is registered as the petitioner no. 1 herein.
(3.) While entertaining the Writ Petition the Court found that such discrepancy is vital and may invite the consequence of setting aside thereof. On such prima facie finding the parties were directed to exchange their affidavits and the operation of the award dated 8th December 2010 was stayed for a limited period. The said order was assailed before the Division Bench of this Court in MAT 833 of 2011 wherein it is indicated that the Hon'ble Judge has proceeded on the wrong premise that the award was made and published on 8th December, 2010 when the fact remains that it was passed on 12th October, 2010 and set aside the said order.;