TRAILOKYANATH SARANGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition although highly contested, raises a small but interesting point to be answered. The writ petition is at the instance of one Trailokyanath Sarangi at present the Member-cum-Director of the Committee of the Management of the Urban Co-operative Bank Limited at Tinkonia Bagicha, Cuttack. The petitioner has precisely challenged the notice published in the daily Oriya Newspaper 'Prajatantra' on 4-10-1997 as to convening a General Body meeting of the Urban Co-operative Bank scheduled to be held on 14-10-1997, copy whereof is Annexure-3 to the writ application. There is a further prayer to direct to hold election to the Committee of Management of the Bank forthwith since the life of the present Committee of Management is going to expire on 26-11-1997.

(2.) The writ petition was moved before the learned Vacation Judge on 13-10-97 and that day by order in Misc. Case No. 12359/97 arising out of the writ petition, interim direction was made that attendance by any person in the meeting to be held on 14-10-97 would not ipso facto give any additional qualification which he did not possess and any decision taken or any result as the outcome of that meeting would be subject to the result of the writ application.

(3.) Two sets of application for intervention were filed. While the matter came up for hearing before this Bench on 28-10-97, this Court having heard the learned Counsel for the petitioner and the learned Counsel for the other parties observed inter alia that the election process had already started and the alleged meeting pursuant to the purported notice pursuant to Annexure-3 had already been held. As such the writ petition had become infructuous if the outcome of the meeting was not challenged. Leave was granted to take effective steps by the petitioner to amend the writ petition as would be advised according to law. However, an application was filed for amendment challenging the outcome of the meeting held on 14-10-97. On 11-11-97 by a reasoned and comprehensive order, we allowed amendment to the writ petition and as conceded and suggested by the learned Counsel for the respective parties the matter is being taken up for final disposal as no further affidavits were necessary to be filed and the points of law can be canvassed for effective consideration of the Court to answer the problem posed by the Bar.