NAVIN CHANDRA SHARMA, J. - (1.) THIS judgment would decide DB Civil Special Appeals Nos. 53 and 136 of 1992, as in both of them, the same point of law in involved.
(2.) DB Civil Special Appeal No. 53 of 1992 arises from an order dated 15th Jan., 1992, passed by a learned Singl Judge of this Court, in SB Civil Writ Petition No. 5945 of 1991, filed by appellant Dahra Gram Seva Sahkari Samiti Ltd., Dahra, Tehsil Kumar, in District -Bharatpur. The other DB Civil Special Appeal No. 136 of 1992 arises from order dated 20th Feb., 1992, passed by another learned Single Judge of this Court in SB Civil Writ Petition No. 6969 of 1991, filed by appellant Tara Singh and Ram Avtar. Respondent No. 1 in both these writ petitions was The Indian Farmers Fertilizers Cooperative Limited (for short, hereinafter, 'the IFFCO'). While in SB Civil Writ Petition No. 5945 of 1991, respondents Nos. 2 and 3 were Election Officers, in SB Civil Writ Petition No. 6969 of 1991, respondent No. 2 was the Returning Officer of the IFFCO. In both these writ petitions, the learned Single Judges of this Court held that the IFFCO was not 'the State' as that expression has been defined by Article 12 of the Constitution of India, and therefore, the two writ petitions filed by the respective appellants were not maintainable. Article 12 of the Constitution of India, finding place in its Part -III, reads as under; 12. Definition -in this part, unless the context otherwise requires, 'the State' includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
(3.) FOR Part -IV of the Constitution also, the expression, 'the State' has the same meaning as in Part -Ill by virtue of the provisions contained in Article 36 of the Constitution.;