ANIL KUMAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge made in this writ petition is the Constitution of the Board of Directors of the particular Co-operative Bank and the approval thereof conveyed by the authority.

(2.) The petitioners numbering 3 are the share holders of Guwahati Co-operative Urban Bank Ltd. The Bank is a Co-operative Society constituted under Assam Co-operative Societies Act, 1949 and the Rules framed thereunder. The Bank has its own set of Bye- laws, known as Bye-laws of Guwahati Co-operative Urban Bank Ltd. According to the petitioner the election for constitution of the Board of Directors of the Bank held on 8.6.2007 and the approval thereof accorded by the Assistant Registrar of the Co-operative Societies vide his letter dated 22.6.2007 are in violation of Rule 22 of the Bye-laws.

(3.) On 30.4.2007 the respondent No. 6, i.e. the Managing Director/General Manager of the Bank, issued notice intimating all the share holders of the Bank that 38th Annual General Meeting (AGM) would be held on 25.6.2007 at 10.30 a.m. in the premises of the Institute of Engineers, Panbazar, Guwahati. The notice also contained the subjects/agenda which were to be discussed in the meeting. One of the agenda was constitution of new Board of Directors. Be it stated. here that the Bank, in its own entity is not party to this proceeding.