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TMI Blog2018 (3) TMI 1137X X X X Extracts X X X X X X X X Extracts X X X X ..... s Act, 2013 and the press release dated 06.09.2017 at Annexure-A , qua directors of Private Limited Company is unconstitutional, is in violation and in contravention of the provisions of Part III of the Constitution of India; and/or (ii) Issue appropriate writ, order or direction for removal of the name of the Petitioner from the list of disqualified directors at Annexure C, issued by the Respondents and permit the Petitioner to act as director in any company without any hindrance; (iii) Issue appropriate writ, order or direction directing the Respondents to unblock the DIN (Directors Identification Number) of the petitioner and remove the disqualification shown at Annexure-B; (iv) Issue appropriate Writ, Order or Direction, thereby di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r' of such Company incurs the ' Disqualification' U/s.164(2)(a) of the Act . The relevant portion of Section 164(2)(a ) of the Act is quoted below for ready reference: "164. Disqualifications for appointment of director- (1) A person shall not be eligible for appointment as a director of a company, if - (a) he is of unsound mind and stands so declared by a competent court; (b) he is an undischarged insolvent; (c) he has applied to be adjudicated as an insolvent and his application is pending; (d) he has been convicted by a court of any offence, whether involving moral turpitude or otherwise, and sentenced in respect thereof to imprisonment for not less than six months and a period of five years has not elapsed from the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r which they may not be personally liable, they incur the 'Disqualification' U/s.164(2)(a) of the Act and they are deemed to have vacated the office of the Director in other such Companies also as per Section 167 of the Act and therefore this drastic provision of law deserves to be struck down by this Court and therefore the vires of the provision of the Act have been challenged in the present writ petitions. 3. On the Court question, as to whether the petitioners approached the Registrar of Companies seeking a copy of the order passed by him U/s.164(2) of the Act based on the relevant facts or not, the learned counsel for the petitioners fairly submitted that no order has been obtained by the petitioners in the present cases from the Regi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitions in the Court straightaway. 5. There is no factual scenario or application of the provisions on the facts of the case, the validity or justification of which, the Court could apply its mind in the present cases. Merely on the basis of DIN stat us shown on the website of Ministry of Corporate Affairs that the petitioners to be Disqualified to act as Directors do not entitle the petitioners to invoke the extraordinary jurisdiction under Article 226 of the Constitution of India. The operation of law cannot be stalled, diverted or made non-operative and the petitioners cannot be allowed to continue as Directors on the Board of Directors in defaulting company or even other companies and the illegality in the form of non-compliance on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elevant facts to the notice of the Registrar of Companies or not. If the petitioners had approached the Registrar of Companies with the relevant facts, a reasoned and speaking order by the Registrar of Companies could be very well expected from such Authority who, needless to add as the quasi-judicial powers and an obligation under the Act to pass such appropriate orders in the matter. 8. This Court therefore does not have the benefit of the reasons from the side of the Respondents as to see whether such reasons is justifiable or not or whether at the instance of the petitioners they are required to be examined upon a judicial review at the hand under Article 226 of the Constitution of India . 9. The writ petitions are premature and witho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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