ARINDAM MUKHERJEE,J. - (1.) The appeal is at the instance of the respondent no. 5 in the writ petition. The writ petition was filed by Hijli Co-operative Development Society Limited (hereinafter referred to as the said society), Narayan Chandra Paria and the Secretary, Hijli Co-operative Development Society Limited being the respondent nos.1, 2 and 3 in the instant appeal. The other respondents are the State of West Bengal and its officers who were also the respondents in the writ petition but neither of them were parties either to the arbitration proceedings or in the appeal before the Co-operative Tribunal.
(2.) The writ petitioners have challenged an order passed by the West Bengal Co-operative Tribunal on 8th July, 2016 in appeal no. 19 of 2015 filed by the appellant which in turn have set aside an award passed by the Co-operative Development Officer, Paschim Medinipur Range being the appointed arbitrator in case no. 2 of 2014-2015 being a proceeding also filed by the appellant. On being unsuccessful in the arbitration proceeding the said Prosad Ranjan Biswas (appellant) filed the appeal before the West Bengal Co-operative Tribunal and got an order in his favour which has been over turned in the writ petition by the order impugned.
(3.) The disputes referred to the arbitration and the subject-matter of the appeal before the West Bengal Co-operative Tribunal are as follows:- (a) The said society have proceeded to make construction of a community hall on a land earmarked for park in the master site plan of the society. This action was challenged and ultimately a Division Bench of this Court had directed the society to proceed with such construction. (b) Subsequently the society in its 48th Annual General Meeting (in short AGM) held on 14th September, 2014 passed a resolution to construct the second community hall of the society on the place earmarked for the park and a primary school. The appellant had challenged such decision which gave rise to the arbitration case. The following reliefs were claimed by the appellant in the arbitration proceedings:- "a) To declare that the process and adopting of recommendation of proposal No. 3 of the agenda of the notice of the A.G.M. dated 14.09.2014 by the defendant society is illegal, invalid and ultra vires and be farther prays that if any positive decision is take by the board over the said issue in the A.G.M. dated 14.09.2014 that would be also illegal and in cooperative. b) That the plaintiff be granted such other relief as he may entitled under law and equity. c) Cost.";