AMIL KUMAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed challenging the Minutes of the Meeting dtd. 18/9/2020 as well as the approval accorded by the Cooperation Department.

(2.) The relevant facts as could be discerned from a perusal of the writ petition as well as the other pleadings in the instant proceedings would show that the Guwahati Co-operative Urban Bank Ltd. (hereinafter referred to as "the Bank") is a Co-operative Society registered under the provisions of the Assam Co-operative Societies Act, 2007 (for short "the Act of 2007"). The tenure of the Board of Directors was supposed to expire in the year 2020. Under such circumstances, prior to the expiry of the tenure, a notice dtd. 31/7/2020 was issued by the Managing Director of the Bank inviting all shareholders/members to be present at the 51st Annual General Meeting of the Bank. In terms with the said notice dtd. 31/7/2020, the Annual General Meeting was scheduled to be held on 11/9/2020 at 11 AM at the conference hall of Sanatan Dharma Sabha (Hari Sabha) situated at S.C. Goswami Road, Panbazar. In the said notice, it was also mentioned that if for any unavoidable circumstances, the meeting cannot be held, then the meeting would be held at the same time, same place on 18/9/2020. It is also relevant to take note of the agenda of the said meeting which amongst others stipulated that a new Governing Body of the Bank would be constituted in terms with Act of 2007.

(3.) This Court also finds it relevant to take note that the Cooperative Bank in question comprises of 4265 shareholders as on 31/3/2020. In the meeting which was held on 11/9/2020, only 22 shareholders were present. The minimum requisite quorum as per Sec. 34(1) of the Act of 2007 is 10% of the total shareholders i.e. 426 shareholders ought to have been present. Under such circumstances, the Chairman of the Bank adjourned the 51st Annual General Meeting dt. 11/9/2020 to be held at the same time, same venue with the same agenda on 18/9/2020.