RAMESH BAIS Vs. VIDYA CHARAN SHUKLA & ORS.

JUDGEMENT

(1.) The judgment in Election Petition No. 1 of 1991 is pronounced today before lunch. An application moved during the post lunch session by the learned counsel for the respondent No. 1 Shri V.K. Tankha taking prayer that this Hon'ble Court may kindly be leased to stay the operation of the order delivered today for a period of one month or for such time as this Hon'ble Court deems just in the interest of justice.

(2.) The nomination paper of Shri Shobharam Barman was rejected by the Returning officer on 27.4.91 (Ex. P -1) on the ground of his having incurred disqualification for being elected for the House of the People under the provisions of Article 102 (1) (a) of the Constitution, as he was under an employment of the Food Corporation of India (for brevity, hereinafter referred to as "the Food Corporation"). The allegations as regards to rejection of the nomination paper of Shri Shobharam Barman, by the Returning Officer as contained in Paras 14 (a) and 14 (b) of the petition, are, as extracted;

(3.) The Food Corporation is a statutory Corporation, came into being, by virtue of Food Corporation Act. 1964 (for brevity hereinafter referred to as "the Food Corporation Act"), which is a legislation legislated by the Parliament in exercise of its Legislative power as contained in Item 43 List I of Seventh Schedule to the Constitution, as a trading Corporation for trading in foodgrains and other foodstuffs and the matters connected therewith and incidental thereto. Food Corporation was established u/s 3 of the Food Corporation Act and on its establishment it acquired the status of a body corporate by name i.e. Food Corporation of India, having perpetual succession having common seal with power subject to the provision of the Food Corporation Act, to acquire, hold and dispose of property and to contract and to sue or be sued by corporate name. Thus, the status of the Corporation, obviously, that of a juristic person distinct one being clothed with its own personality. In Daman Singh V. State of Punjab ( : AIR 1985 SC 973) Supreme Court had the occasion to deal with as to what is corporation and in this context the relevant portion is as extracted;