SANJAY KUMAR MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioners are share holders of the Gaubati Co-operative Urban Bank Limited, hereinafter mentioned as the Bank. The Bank is registered under the provision of the Assam Co-operative Societies Act, 1949, hereinafter mentioned as the Act. The petitioner have impugned the order dated 8(9).12.92 passed by the Assistant Registrar of Co-operative Societies, Assam intimating tbe General Manager of the Bank that proceedings of the 23rd Annual General Meeting held on 31.10.92 could not approved as (sic, in) the annual general meeting election was not properly conducted as required under the Rules and is found to have been vitiated by gross irregularities.

(2.) Petitioners'case is that prior to holding of the last annual general meeting on 30 10 92 annual general meeting of the Bank was held on 27.8.89 and the Board of Directors of the Bank were elected in that meeting. But by order dated 30.9 91 the Registrar, Co-operative Societies dissolved the Board of Directors in exercise of power under provision of Section 32 (4) of the Act. By the said order the Registrar appointed an Executive Officer to manage the Bank. The annual general meeting of the Bank not having been held after dissolution of the Board of Directors. Shri Nagen Deka, one of the share holders of the Bahk impugned that said order dated 30.9 91 passed by the Registrar Co operative Societies purporting to dissolve the Board of Directors in Civil Rule No 4408/91, The said writ petition was disposed of by this Court by order dated 24.12 91 directing the Registrar, Co-operative Societies to arrange holding of annual general meeting of the Bank in accordance with the law within a period of 2 months from the date of receipt of that order, as provided under the Act It was further directed that till the proceedings of the general meeting was approved, the Executive Officer would continue with the management of the society/Bank. No annual general meeting as per direction of this Court in Civil Rule No. 4408/91 having been held, Shri Nagen Deka again approached this Court in Civil Rule No. 1898/92. This Court by order dated 18.9.91 disposed of the said Civil Rule directing the Registrar, Co operative Societies to hold the annual general meeting within 2 months from that date. It was further directed that if the Registrar Co-operative Societies could not hold the meeting within two months, he should come before this Court for modification of the order so that contemt proceeding may not be initiated. Thereafter, the annual general meeting of the Bank was held on 31.1092. The notices of the holding of 23rd Annual General Meeting on 31-10-92 at Lakhiram Barua Sadan, Guwahati was issued to all the share holders on 9 10.92 In the said meeting as per decision of the house as well as, as per the request of the Chirman election of the incoming Board of Directors was conducted by Shri A. Munnaf, Senior Auditor of Co-operative Societies, Gauhati as Returning Officer of the election. The election was conducted under the supervision of Shri A K Bhattacharjee, SRCS assisted by Shri Madhusudan Goswami and Shri Bhabani Sankar Roy, Sr Inspectors. who attended the meeting as observers Thereafter, the General Manager of the Bank forwarded the proceedings of the annual general meeting to the Assistant Registrar, Co-operative Societies for according approval.

(3.) I have heard Mr. D. N. Choudhury, learned counsel for the petitioners and Mr. S. A. Laskar, learned Sr, Govt- Advocate for the respondents.