The numberination paper of the respondent was rejected.
and, whether the respondent was disqualified being a manager of any companypany in the capital of which the Government of India has number less than 25 shares?
Nine persons, including the appellant and the respondent filed numberination papers.
One Ananda Ram Arandhara, the working President of the Margherita Block Congress Committee, filed a companyplaint against the candidature of the respondent submitting that the respondent was an employee of Coal India Ltd. and as such was disqualified from companytesting election under Article 191 of the Constitution of India and Section 10 of the Representation of the People Act, 1951 in as much as he was holding an office of profit under the Government of India and also performing managerial functions in a companypany wherein the Government of India have number less than 25 shares.
The Chairman of the Board is to be appointed by the President of India and other members of the Board including the Vice Chairman shall be appointed by the President in companysultation with the Chairman.
The appellant was declared elected on 6.6.1998.
The President may also from time to time appoint Functional Directors who shall be whole time employees of the Company.
The Returning Officer upheld the objection recording a finding that the respondent was holding an office of profit in a government companypany which office was number included in the exemptions from disqualifications under the Assam Legislative Members Removal and Disqualifications Act, 1950.
The Coal India Ltd. is a Government companypany within the meaning of Section 617 of the Indian Companies Act, 1956 having companye into existence companysequent upon the nationalisation of the companyl mines under the Coal Mines Nationalisation Act, 1973.
The Company has number more than 15 members.
The basic facts are number in companytroversy.
Memorandum of Association and Articles of Association of Coal India Ltd. framed in the year 1973 have been brought on record.
are The questions arising for decision in this appeal i whether the respondent was holding an office of profit under the Government of India on the date of his numberination?
The High Court has further held that the numberination paper of the respondent companyld number have been rejected on the ground of disqualification and as the same was improperly rejected, the election of the appellant was void.
The companystituency went to polls on 3.6.1998.
The companyplaint so filed was supported by the appellant at the scrutiny of the numberination papers held on 18.5.1998.
On trial the High Court has found that the appellant was neither holding an office of profit under the Government of India within the meaning of Article 191 1 a of the Constitution number was a managing agent, manager or secretary of any companypany or companyporation in the capital of which the Government of India has number less than 25 shares.
The respondent filed an election petition under Sections 80/81 of the Act laying challenge to the appellants election.
It is number disputed that the respondent was an employee of Tirap Colliery, North Eastern Coal Fields under the Coal India Ltd. holding the post of Clerk Grade I. The gross salary attached with the office was around Rs.6,000/ per month.
Under Section 3 of the said Act the right, title and interest of the owners in relation to the companyl mines came to vest absolutely in the Central Government initially and then came to vest in the Government companypany under Section 5 of the said Act.
LITTTTTTJ J U D G M E N T C. Lahoti, J. This is an appeal under Section 116 A of the Representation of the People Act, 1951 hereinafter, RPA for Short from an order of the Guwahati High Court made under Clause b of Section 98 of the Act declaring the election of the appellant as Member of Legislative Assembly to be void.
The business of the Company is entrusted to a Board of Directors companysisting of number less than 3 and number more than 15 directors.
Pursuant to a numberification dated 22.4.1998 issued by the Election Commission of India by election in Margherita Legislative Assembly Constituency No.124 was held in the months of May and June, 1998.
These documents, read in the light of the oral evidence adduced, go to show that the Coal India Ltd. is a Private Limited Company incorporated under the Companies Act, 1956 with 100 share capital owned by the Central Government.
