S.B.Sinha, J. - (1.) -This appeal is directed against an order dated 9.11.98 passed by a learned single Judge of this court. The appellants herein filed the said writ application praying, inter alia, the following reliefs : "a) A writ in the nature of Mandamus commanding the respondents, their men and agents and/or servants to rescind and/or to withdraw and/or to cancel the said judgment and award passed on September 22, 1998 in connection with Dispute Case No. 3 of 1998 passed by the learned Arbitrator forthwith; b) A writ of and/or in the nature of Certiorari directing the respondents, their men and agents to transmit all the records relating to this case before this Hon'ble court so that conscionable justice may be administered by quashing the said Judgment and award dated September 22, 1998."
(2.) The fact of the matter is not in dispute. The election of the delegates of the Sanhaldih Project Employees Co-operative Stores Limited was held on 28.12.97. A dispute case as regard the validity of the said election was filed in terms of the provisions of the West Bengal Co-operative Society Act on 28.1.98. However, this Annual General Meeting was held on 15.3.98 wherein the Direct Ors were elected. The Arbitrator before whom the dispute has been referred, not only held that the election of the delecate was void but also held that the election of the Directors in the Annual General Meeting held on 15.3.98 was also void.
(3.) The learned trial Judce by reason of the impugned order held : "The subject matter of challenge in this writ petition is the award dated 22.9.98 passed by the Arbitrator in dispute case arising out of section 95 of the West Bengal Co-operative Societies Act, 1983 setting aside the election of the delegates of Santhaldih Project Employees Co-operative Stores Ltd. has Challenged. The petitioners contend that though in the dispute case the Annual General Meeting of the said society which was held on 15.3.98 was not challenged but by the aforesaid impugned award the said Annual General Meeting was also declared void which according to the writ petitioners was beyond the scope of the dispute. The Annual General Meeting, no doubt was held with the delicate whose elections were disputed in the aforesaid dispute case and as such an award setting aside the delegate election having not been disputed on any ground of illegality and/or infirmity, the annual general meeting of the co-operative society cannot be sustained in law simply on the reason that the same was held with the delegates whose elections were not valid as per the said award and therefore, this writ petition does not merit any consideration and hence the same is dismissed".;