BHAGBATI PROSAD BANERJEE, J. - (1.) This is an appeal against the judgment and order dated 21st November, 1994, passed by the learned Trial Judge in Matter No. 3059 of 1993, filed by the writ petitioner/appellant, Bibhuti Bhusan Chakraborty and others, and the respondent Nos. 5 and 6, to the writ application, namely Suresh Lal Santuka and Smt. Chand Devi Santuka.
(2.) The writ application was filed by the writ petitioner/appellant, Bibhuti Bhusan Chakraborty, against the order dated 19-5-1993, passed by the Deputy Registrar of Co-operative Societies (Housing), in Appeal Case No. 1/CMAH of 199192, which was filed under sub-sec. (9) of S. 85 of the West Bengal Co-operative Societies Act, 1983, read with sub-rule 3(b) of R. 135 of the West Bengal Co-operative Societies Rules, 1987. The Appellate Authority, by the said order dated 105-1993, passed the following order :" (l) The Managing Committee of the society shall call a Special General Meeting as per S. 26(1) of the W. B. C. S. Act, 1983, with specific agenda on the proposed transfer of the flat No. 53 from Mr. B. B. Chakraborty and others, the existing members, in favour of Sri and Smt. Shantuka, the intending transferees, within eight weeks from the date of communication of this order; (2) That the said Special General Meeting shall discuss and consider the proposed admission of Sri and Smt. Shantuka into the membership of the society according to law giving the proposed transferees an opportunity to represent their case in such meeting through a written notice served on them; (3) That the Special General Meeting shall pass through vote a clear resolution in the matter of acceptance of Sri and Smt. Shantuka as members of the society in place of Mr. B. B. Chakraborty and others and communicate the said resolution to the Appellants and Respondents Nos. 2 and 3 within ten days from the date of such meeting; and (4) That any such resolution, if passed through vote by less than 2/3rds majority of the total number of members of the society for disallowing the membership to Respondents Nos. 2 and 3 shall be ineffective, and in that case, Respondents No. 2 and 3 shall be admitted into the membership of the society in place of the Appellants in terms of S. 70(4) of the W. B. C. S. Act, 1983, read with R. 120(1) of the W. B. C. S. Rules 1987, on completion of all legal formalities by the proposed transferors and the proposed transferees in this respect."
(3.) The learned trial Judge, in the judgment and order dated November 21, 1994; had recorded that "both the counsel for the writ petitioners as well as the respondents Nos. 5 and 6 submitted that they would not press for the giving of consent by this court and asked for the remanding of the matter to the Appellate Authority for the purpose of redeciding the issues raised. It is urged that this court should not go into the question of the competence of the appeal but leave the matter to be resolved by the Appellate Authority." ;