Bhagabati Prosad Banerjee, J. - (1.) These three writ applications have been assigned to this Division Bench by the learned Chief Justice for disposal. A common question of law is involved in all these writ applications. In all these writ applications, the vires of Rule 65(12)(vii) of the West Bengal Co- operative Societies Rules have been challenged on several grounds.
(2.) The facts of this case briefly for the purpose of deciding this question are as follows:- The petitioners are all co-operative societies duly registered in accordance with the provisions of the West Bengal Co-operative Societies Act, 1983, (referred to as the 'said Act') and the rules framed thereunder (referred to as the 'said rules'). The petitioners are all Primary Co-operative Agricultural Credit Societies within the meaning of Section 2(35) of the said Act. The object of the said societies, inter alia, for creation of fund for lending short term as well as mid-term crop loan and other agricultural inputs to its members.
(3.) These Primary Co-operative Agricultural Credit Societies had to take loan from Central Co-operative Banks within the meaning of Section 2(7) of the said Act, and also within the meaning of National Bank for Agriculture & Rural Development, 1981. The said banks carry on their business of banking as provided in Section 6 of the Banking Regulation Act, 1949. The said banks carry on banking business in the co-operative sector and the primary object of the said bank is to provide short-term and medium-term loans and advances to the members of the Primary Co-operative Agricultural Credit Societies and others.;