HRISHIKESH ROY,J. - (1.) THE Writ Petitioner/appellant is a shareholder of 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 (hereinafter referred to as "the AGM") of the respondent No. 3, Assam Co-operative Apex Bank Limited (hereinafter referred to as the "apex Bank") have not been appropriately decided and accordingly sought postponement of the already scheduled AGM of the Apex Bank. 2. 1. The Registrar of Co-operative Societies, Assam (hereinafter referred to as "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 (hereinafter referred to as 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 substance, the request for postponement of the AGM of the Bank was refused. The learned Single Judge by the impugned order dated 17. 6. 2008 while admitting the writ petition filed by the appellant declined to grant any interim prayer to stay the AGM of the Apex Bank which was scheduled on 19. 6. 2008. This led to filing of this Writ Appeal to challenge the learned Single Judge's order dated 17. 6. 2008.
(3.) THE Division Bench while entertaining the Writ Appeal against the learned Single Judges order dated 17. 6. 2008, permitted the respondents to proceed with the scheduled election and the AGM and at the same time directed the ROC to proceed with the enquiry which was being conducted into the alleged anomalies in the Eastern Zonal Meeting held on 29. 4. 2008.;