JUDGMENT - (1) A dispute between the petitioner who is a member of the Bombay Provincial Co-operative Bank, Ltd., Dhulia, and the" Society was referred to arbitration under Section 54 of the Co-operative Societies Act. As the amount involved in the dispute was very large, viz. Rs. 53,495-0-6, the petitioner wanted to appear before the arbitral tribunal through his advocate and the tribunal rejected the application of the petitioner as it was governed by Rule 36 of the rules framed under the Act. That rule is framed under Section 71, and Sub-section (1) of that section provides that the Provincial Government may, for the whole or any part of the presidency and for any society or class of societies, make rules to carry out the purposes of the Act, and Sub-section (2) provides: "In particular and without prejudice to the generality of the foregoing power such rules may.....," and when we turn to Sub-section (u),

"prescribe the mode of appointing an arbitrator or arbitrators and the procedure to be followed in proceedings before the Registrar or such arbitrator, or arbitrators and for fixing and levying the expenses of determining the dispute."

Now, under this sub-clause Rule 36 has been

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