9911796707
TMI Blog1983 (4) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... committee and also for a declaration that the nomination papers that have been filed, namely, for the post of four office bearers and twenty ordinary members, should be declared as ipso facto elected to the executive committee of the Bengal National Chamber of Commerce. There was a further prayer for the issuance of an order or writ or direction in the nature of mandamus directing the respondent to hold the annual general meeting of the Bengal Chamber of Commerce declaring the four office-bearers and twenty ordinary members, as mentioned in this petition, as duly elected to the executive committee in terms of article 34( i ) and ( ii ) of the articles of the Chamber. It has been submitted in support of this application by Mr. Dutt, learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Legislature of each of the States and all local and other authorities within the territory of India or under the control of the Government of India. So in order to be a State within the meaning of article 12 of the Constitution it must be an authority. The word "authority "is very significant. It means and includes only those whose orders are to be obeyed by the citizens of the State. By the very word "authority", it excludes voluntary associations, associations created under a general statute just like the Companies Act but it includes statutory authorities, authorities which are brought into being by an Act and vested with governmental duties, namely, the Steel Authority of India, Life Insurance Corporation of India, Oil Natural Gas Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l or quasi-governmental functions. The expression 'other authorities ' is thus wide enough to include within it every authority created by a statute and functioning within the territory of India, or under the control of the Government of India, and there is no reason to narrow down this meaning in the context in which the words ' other authorities ' are used in article 12 of the Constitution." A company brought into being under the Companies Act, as in the present case the Bengal Chamber of Commerce, which has been granted licence under section 25 of the Companies Act, cannot under any circumstances be treated as a local authority, whatever may be its autonomous position and whatever may be the background, viz ., that it was getting priv ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
