DEEPAK PRAKASH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) DEEPAK Prakash, the petitioner, who was initially appointed as Chairman of the Jharkhand State Mineral Development Corporation Limited (hereinafter referred to as the Corporation) by the order of the Governor dated 26.10.2003 invoking powers under Article 35(a) of the Articles of Association of the Corporation, was removed from the post of Chairman on 4.5.2007 by the Governor invoking Article 35(e)(iv) of the Articles of Association. Aggrieved by the same, the petitioner has filed this writ petition invoking Article 226 of the Constitution of India.

(2.) THE petitioner has made two -fold prayer in the present writ petition - (i) for declaring the powers of the Governor under Article 35(e)(iv) of the Articles of Association of the Corporation for removal of the Chairman as void and ultra vires to Article 14 of the Constitution and (ii) for holding that the order of removal of the petitioner from the post of Chairman of the Corporation through notification dated 4.5.2007 is illegal.

(3.) IN reply to the above submissions, the Advocate General would contend that the writ petition is not maintainable, as the Article 226 of the Constitution cannot be invoked to question the validity of the Articles of Association framed under the Companies Act. He would also contend that the absolute discretion used by the Governor has been properly exercised and in the absence of any material to show that there is mala fide, the order cannot be said to be illegal, especially when the order does not indicate any stigma cast on the person removed.