SODHA PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is holding traders' licence from the Agricultural Produce Market Committee, Kapadwanj (hereinafter referred as the said Market Committee) and he was elected as member of the Market Committee from the Trders Constituency in the previous election. The election of the Market Committee was held in June, 1987. The term of the said Market Committee had expired on 25th May, 1991. The State Government extend term of the Committee for the period upto 31st Dec., 1991.

(2.) At the time of hearing of the matter, the learned counsel for the petitioner has produced on record the Government Gazette dt. 1st Aug., 1991 to point out that by exercise of powers under s. 11(2)(a) of the Gujarat Agricultural Produce Markets Act, 1963, the Director has nominated the members on the Market Committee for a period upto 31st Dec., 1991. The relevant part is as under:

(3.) It is an admitted fact that, pursuant to the aforesaid notification, the members, who were elected in the previous election, continued as nominated members under sub-s. (2)(a) and (b) of s. 11 of the Gujarat Agricultural Produce Markets Act, 1963 (for short 'the Act'). From the aforesaid notification, it is clear that the State Government has not exercised powers under s. 11(4) of the Act for extending the term of the elected members.