M SHARANABASAVANAGOUDA, S/O M MALLIKARJUNAGOUDA Vs. DIRECTOR OFFICE OF AGRICULTURAL MARKETING DIRECTORATE

JUDGEMENT

(1.) Petitioner was an elected member of Siraguppa Agricultural Produce Market Committee (APMC). He was elected as Chairman of the Committee on 17.10.2014 and the same expired on 17.6.2016. He was also elected as a member of Karnataka State Agricultural Marketing Board and later as its Vice President whi lst he was Chairman of APMC. The Director of Karnataka State Agricultural Marketing Board has postponed the elections of market committees of 6 districts including Siraguppa Taluk, by its order No. AMC/23/Election/2015 dated 21.12.2015. The petitioner also f iled writ petitions bearing W.Ps.No.104759-763/2016 and W.P.No.104754/2016, praying for a writ of mandamus to hold elections. The said petitions and other simi lar writ petitions are pending consideration before this Court.

(2.) It is the case of petitioner that in terms of Section 38 of the Karnataka Agricultural Marketing (Regulation & Development) Act, 1966, a member of Market Committee shal l hold the office for a term of five years. His grievance is that a Tahsi ldar has been appointed to discharge the functions of Market Committee and subsequently, Assistant Commissioner has been assigned the charge of APMC, Siraguppa. The respondent has taken a view that since the petitioner's term as a member of Market Committee has come to an end, he cannot function as the Vice President of the Board either. In furtherance of this view, the respondent has withdrawn the official vehicle provided to the petitioner.

(3.) Shri Sheelvant, learned Counsel for the petitioner contended that even though the term of petitioner as a member of APMC has come to an end by efflux of time, he continues to be a member of the Marketing Board as provided in Section 106 of the Act. Accordingly, he prays that by a writ of mandamus, it may be declared that his tenure as a member of the Marketing Board continues ti l l the term of off ice of duly elected member commences.