(1.) THE petitioners have filed these writ petitions assailing the Constitutional validity of Section 26 (1) (c)of the Karnataka Municipal Corporation Act (in short 'the KMC Act') and the action of the respondent-organisations in refusing permission for contesting the election for Councillors of Municipal Corporation, Bangalore.
(2.) ). The petitioner in W. P. No. 43146/95 is a workman employed in Bharat Earth Movers Ltd. , Bangalore Complex. Bharat Earth Movers is a Public Sector Establishment engaged in the manufacture of earth moving equipments and Railway Coaches. The shares of this Company are held in the name of the President of India and the same is 'state' for the purpose of Art. 12 of the Constitution of India. The petitioners application seeking permission to contest in the Bangalore City Corporation Elections came to be rejected.
(3.) PETITIONER Smt. C. Chandrama, in W. P. No. 28766/96 is an employee working as Senior Office Assistant in M/s. Indian Telephone Industries Ltd. , Bangalore Complex, Doorvaninagar, Bangalore-16. She filed her nomination and the scrutiny of the nomination papers was taken up on 4-1-1996. It appears that the first respondent had issued a note on the qualifications and disqualifications of candidates under the Act, dated 19-12-1995 and inter alia it was opined by the first respondent that employees of the State, Central and Public Sector Undertakings are deemed to hold an Ofice of Profit under an authority; and so, the same is a disqualification under Section 26 (1) (c) of the KMC Act.