(1.) Heard Mr. K.N. Chohudhury, learned senior counsel assisted by Mr. R. Dubey, for the petitioner, Mr. R. Chakraborty, learned counsel appearing for the respondent No.5 and Dr. B. Ahmed, learned Standing Counsel, Co-operation Department, Assam.
(2.) The Board of Directors of the City Co-operative Bank had taken a resolution dated 03.08.2015 deciding to hold the 34th Annual General Meeting of the Co-operative bank on 28.09.2015 and if adjourned, to be held on 29.09.2015. Accordingly, a notice was issued under the signature of the Managing Director of the Co-operative Bank, notifying that the 34th Annual General Meeting will be held on 28.09.2015, Monday at 3.00 p.m. in the premises of the bank at U.N. Bezbaruah Road, Silpukhuri. In the notice, it was also provided that if the meeting is adjourned, it shall be held on 29.09.2015, Tuesday at the same time and place to transact the same agenda. The aforesaid notice to hold the Annual General Meeting on 28.09.2015 was duly published through a notice, which was published in the Assam Tribune news paper, which is a widely circulated local English daily.
(3.) On 24.09.2015, the Board of Directors of the Co-operative Bank adopted a resolution No.3, whereby the 34th Annual General Meeting, which was scheduled to be held on 28.09.2015, was postponed due to some unavoidable reasons and accordingly proposed to be held on 29.09.2015 at the same venue and same time to transact the same agenda as given in the earlier notice dated 11.09.2015. It has also been taken note of that by the order dated 21.09.2015 of the Assistant Registrar of Co-operative Societies, Guwahati, an observer, namely, Sri Tapan Das Senior/Junior Inspector of the Office of the Assistant Registrar was appointed as an observer of the said meeting to be held on 29.09.2015.