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2023 Supreme(Gau) 901

DEVASHIS BARUAH
Amil Kumar Kalita S/o Lt. Sonaram Kalita – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. J. I. Borbhuiya, Advocate
For the Respondents:Mr. K. N. Choudhury, Sr. Advocate, Mr. J. Patowary, Advocate:Mr. R. B. Goswami, Advocate: Ms. M. D. Borah, SC, Cooperation Department

JUDGMENT :

1. The instant writ petition has been filed challenging the Minutes of the Meeting dated 18.09.2020 as well as the approval accorded by the Cooperation Department.

2. The relevant facts as could be discerned from a perusal of the writ petition as well as the other pleadings in the instant proceedings would show that the Guwahati Co-operative Urban Bank Ltd. (hereinafter referred to as “the Bank”) is a Co-operative Society registered under the provisions of the Assam Co-operative Societies Act, 2007 (for short “the Act of 2007”). The tenure of the Board of Directors was supposed to expire in the year 2020. Under such circumstances, prior to the expiry of the tenure, a notice dated 31.07.2020 was issued by the Managing Director of the Bank inviting all shareholders/members to be present at the 51st Annual General Meeting of the Bank. In terms with the said notice dated 31.07.2020, the Annual General Meeting was scheduled to be held on 11.09.2020 at 11 AM at the conference hall of Sanatan Dharma Sabha (Hari Sabha) situated at S.C. Goswami Road, Panbazar. In the said notice, it was also mentioned that if for any unavoidable circumstances, the meeting cannot be held, then the m

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