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1 - 10 of 16 (0.87 seconds)Article 226 in Constitution of India [Constitution]
The Societies Registration Act, 1860
The Companies Act, 1956
Tekraj Vasandi Alias K.L. Basandhi vs Union Of India & Others on 10 December, 1987
Almost a similar case was considered by this Court in Tekraj Vasandhi alias K.L. Basandhi v. Union of India, . This Court was required to determine whether the Institute of Constitutional and Parliamentary Studies (ICPS) was State under Article 12. The ICPS was a registered society financed mostly by the Central Government and partly by gifts and donations from Indian and foreign agencies. The first President of the society was the then Speaker of the Lok Sabha. Out of the five Vice-Presidents three were the then Central Ministers; the other two were the then Chief Justice of India and the Attorney-General. The objects of the society were to provide for Constitutional and Parliamentary studies, promotion of research in Constitutional law, setting up of legislative research and reference service for the benefit of legislators, organisation of training programmes in matters of Parliamentary interest and importance and publication of a journal. The Court found that ICPS was born as a voluntary organisation. It found further that though the annual financial contribution from the State was substantial, it was entitled to receive aid from the public and in fact, received contributions from other sources. Its objects were not Governmental business. As regards the argument that the Government exercised pervasive control over ICPS, the Court said (at p. 481 of AIR):
Sri Konaseema Co-Operative Central ... vs N. Seetharama Raju on 5 March, 1990
11. By no stretch of imagination in our considered view the action of a political party comes within the purview of the legislative act of the State, executive act of the State or an instrumentality or a person, authority imbued with public law element. If the submission of Mr. Kannabiran is accepted, as indicated hereinbefore even any Co-operative Society, or a society registered under the Societies Registration Act or a company registered under the Companies Act would also be amenable to writ jurisdiction. The said organisations although
are governed in accordance with the provisions of statute, they have not been and cannot be considered to be State within Article 12 of the Constitution. A writ may lie against a private body inter alia to protect the fundamental rights declared under Part III of the Constitution or in extraordinary circumstances if the monstrosity of the situation warrants it. A Full Bench of this Court in Sri Konaseema Co-operative Central Bank Limited v. N. Seetharama Raju, AIR 1990 AP 171, has held that a writ petition against a Cooperative Society is not maintainable.
M. Thanikachalam And Others vs Maduranthakam Agricultural Producers ... on 11 October, 2000
This aspect of the matter has recently been considered by a Division Bench of the Madras High Court also in Thanikachalam and others v. Madhwanthakam Agricultural Producers Co-operative Marketing Society and others, 2001 (1) LLT 285.