Radha Mohan Prasad, J.

1. This writ application has been filed for quashing the resolution of the Board of Directors of the Indian Farmers fertilizer Co-operative Ltd. , 34, Nehru Place, New Delhi, in its 206th meeting held on 14.5.1993 communicated by respondent no 2 vide his letter dated 15 5.1993 whereby and whereunder it has been resolved that in view of the prolonged default, the Biscomaun have incuned disqualification as per Rule 19 of the Multi-State Co-operative Societies Act, 1984 (hereinafter referred to as the Act) and that they will forfeit their right to send their nominee on the Board of the respondent Co-operative from the next Board meeting of the same till they clear all pending dues as arrived at settled mutually. Besides this, it was further resolved authorising the Managing director to take further necessary action as required under the provisions of the Act.

2. Mr. K. D. Chatterjee, learned Senior Counsel appearing on behalf of the respondent Co-operative has raised a preliminary objection as to the maintainability of the present writ application on the grounds that the respondent Co-operative is not state within the meaning of Article 12 of the Constit