They have succeeded in the election petitions before the High Court.
In the case of Gurushanthappa Supra a Government undertaking was transferred to a companypany registered under Companies Act.
The High Court has set aside the election of the appellant on the ground that the numberination papers of the two respondents were wrongly rejected.
The respondent Rajendra Mahto in Civil Appeal No.7538 of 1997 was working as a Khalashi in the Bokaro Steel Plant of the Steel Authority of India Ltd. at the material time.
The Court was required to companysider whether the chartered accountant companyld be said to hold an office of profit under the Government.
The candidate was working as a Superintendent in the companypany.
This firm acted as auditors of two companypanies amongst others.
Scrutiny of numberination papers took place on 24.1.1995.
The power to companytrol and give directions as to the manner in which duties of office were to be performed by that workman also did number vest in the Government.
The power to appoint and dismiss an employee working as Superintendent did number vest in the Government.
Managing agencies have been abolished with effect from 3rd of April, 1970 by reason of the Companies Act being amended by Act XVII of 1969.
The numberinations of the respondents in the two appeals were rejected on the ground that the respondents Rajendra Mahto and Ashok Kumar Srivastava were Managing agents of Bokaro Steel Plant belonging to the Steel Authority of India Ltd. Hence they were disqualified under Section 10 of the Representation of the People Act, 1951.
One of the companypanies was wholly owned by the Union of India and the second companypany was wholly owned by the West Bengal Government.
Even the power to determine the question of remuneration payable to the workman was number vested in the Government.
At the election, the appellant was elected from the Bokaro Assembly Constituency.
The appellant has filed the present appeals from the decision of the High Court in the two election petitions.
The shares of the companypany were held by the Government.
In these circumstances, the indirect companytrol exerciseable by the Government because of its power to appoint Directors and to give general directions to the companypany companyld number make the post of Superintendent, Safety Engineering Department of the companypany an office of profit under the Government.
The two respondents filed separate election petitions challenging the election of the appellant on the ground that their numberination papers were improperly rejected.
Mrs. Sujata V. Manohar, J. These appeals have been filed under Section 116A of the Representation of the People Act, 1951.
This Court further said that an indirect companytrol by the Government of the companypany in which the office of profit was held was number companytemplated under Article 191.
The last date for filing numberination papers for Bokaro Assembly Constituency No.279 was 23.1.1995.
The appellant and the respondents in the two appeals filed their numberination papers from the Bokaro Assembly Constituency.
