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2008 Supreme(Gau) 751

J.CHELAMESWAR, HRISHIKESH ROY
Debendra Nath Borah – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: M.G. Singh, P. Goswami and U. Bhattachariya, Advs.
For Respondents/Defendant: K.N. Choudhury, S.S. Dey and S. Katakey, Advs.

JUDGMENT

Hrishikesh Roy, J.

1. The Writ Petitioner/Appellant is a shareholder or the Respondent No. 3 Bank and is aggrieved by the alleged irregularities in the Eastern Zone shareholders' meeting held at Jorhat on 29.4.2008.

2. The writ Petitioner/Appellant had challenged the proceedings of the Jorhat meeting and contended that because of the irregularities committed, the nomination of the Eastern Zone Members, who were to eventually participate in the Annual General Meeting ('the AGM') of the Respondent No. 3, Assam Co-operative Apex Bank Ltd. ('the Apex Bank') have not been appropriately decided and accordingly sought postponement of the already schedule AGM of the Apex Bank.

2.1. The Registrar of Co-operative Societies, Assam ('the ROC') rejected the prayer for extension of time for holding of the AGM of the Apex Bank by exercising power under Section 32(3) of the Assam Co-operative Societies Act, 1949 ('the Act') and also rejected the appeal for review under Section 80(2) of the Act by his order dated 12.6.2008. Accordingly the Writ Petition (C) No. 2499/2008 came to be filed by the present Appellant as the writ Petitioner to challenge the said two decisions of the ROC whereby in s












































































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