NRIPENDRA NARAYAN MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the writ petitions have been filed assailing the legality and validity of the impugned order dated 17.9.2003 passed by the Registrar, Cooperative Societies, Assam refusing to accord approval to the proceedings of Annual General Meeting of Guwahati Cooperative Urban Bank held on 24.5.2003 and consequential appointment of the Assistant Registrar of Co-operative Societies, Guwahati as the One Man Adhoc Committee to manage the affairs and to perform the function of the Managing Committee of the said Bank till such time a new Managing Committees is elected or formed. Further it has been prayed for issuance of the direction towards approval of the proceedings of the Annual General Meeting in question.

(2.) The first writ petition has been filed by the petitioner projecting himself to be the Chairman of the elected Board of Directors of the bank which has since been dissolved by the impugned order. The writ petition has been filed allegedly on behalf of the writ petitioner himself and the other elected members of the Board of Directors. However, neither particulars of such elected members have been furnished, nor any authorization letter authorizing the petitioner to initiate the writ proceeding has been annexed.

(3.) The W.P.(C) No. 7981/2003 has been filed by the 4 petitioners who are the share holders of the Bank in question. Since the common question of facts and law are involved and the relief sought for are also same and as agreed to by the learned counsels for the parties, both the writ petitions were heard analogously for decision. Thus this common judgment and order in both the writ petitions.