T DEEN DAYALU Vs. BEZAWADA PAPI REDDY

JUDGEMENT

(1.) This writ petition is filed by a voter in Andhra Pradesh for the issue of a writ of quo warranto or a direction to restraining respondents 1 to 3 from being members of the Andhra Pradesh Legislative Assembly.

(2.) In support of the petition, the petitioner filed an affidavit wherein it is stated that the Andhra Pradesh Industrial Development Corporation is a public company registered under the Companies Act, 1956 and the Government of Andhra Pradesh is holding 100% shares in the said Corporation. The State of Andhra Pradesh, 4th respondent, reconstituted the Board of Directors of the Andhra Pradesh Industrial Development Corporation Limited (hereinafter referred as A. P. I. D. C.) and nominated Sri Bezawada Papi Reddy, 1st respondent as Chairman, Sri P. Ramachandra Reddy, and Sri Ankem Prabhakara Rao, respondents 2 and 3, as Directors of A. P. I. D. C. with effect from 4-7-1983. They assumed charge of the said offices with effect from 4-7-1983. Consequently they have become disqualified for being members of the Andhra Pradesh Legislative Assembly with effect from 4-7-1983 under Art. 191 (1) (e) of the Constitution of India read with Section 10 of the Representation of the People Act, 1951 further read with S. 2 (24) of the Companies Act, 1956. Consequently, their seats in the Andhra Pradesh Legislative Assembly have also become vacant with effect from 4-7-1983, each of them is liable to a penalty of five hundred rupees per day on which they sat and voted in the Legislative Assembly under Article 193 of the Constitution, and that their names are also liable to be struck off from the voters list of the Andhra Pradesh Legislative Assembly under S. 152 of the Representation of the People Act, 1951 read with S. 16 (2) of the Representation of the People Act, 1950. Lastly, it is stated that the petitioner has no efficacious remedy than moving this Court under Art. 226 of the Constitution.

(3.) Mr. P. Anantha Sen Rao, learned counsel for the petitioner, brought to our notice S. 2 (24) of the Companies Act in which Manager is defined and submitted that manager includes director and that if a person is appointed as manager of a Government Company he incurs disqualification and therefore respondents 1 to 3 are disqualified.