VIJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this writ application filed under Article 226 of the Constitution of India, prayer made by the petitioner is to quash the Gazette Notification dated 7th January, 2000 (Annexure -1) whereby the State Government in exercise of its power under Section 9 (4) of the Bihar Agricultural Produce Markets Act, 1960 , has nominated respondent no. 8 as the Chairman of the Agricultural Produce Market Committee, Gaya.

(2.) SHORN of unnecessary details, facts giving rise to the present writ application are that the State Government, in exercise of its power under Section 9 of the Bihar Agricultural Produce Markets Act, 1960 (hereinafter referred to as the Act), constituted the 8th Agricultural Produce Market Committee, Gaya (hereinafter referred to as the Committee) and nominated the Sub -divisional Officer an its Chairman. Thereafter, by the impugned order, respondent no. 8 who happens to be an elected member of the Committee, has been nominated as the Chairman. The petitioner who claims to be the voter of Agriculture Constituency No. 2 of the Committee, has challenged the said notification.

(3.) LEARNED counsel for the petitioner contends that once the Sub -Divisional officer was nominated as the Chairman of the committee by the State Government, in exercise of the power under Section 9 of the Act, without his removal after following the procedures as provided under section 14 of the Act, the State Government is not competent to appoint respondent no. 8 as the Chairman of the Committee.