RAJENDRA PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, who is a member of the Munger Agriculture Produce Market Committee (for short Rajesh Manual,Rajo @ Rajwa @ Rajendra Mandal Versus State Of Bihar &aposthe Market Committee&apos), has challenged the appointment of respondent no. 9 -Abul Hasan as a Chairman of the said Market Committee.

(2.) THE only point, that has been raised on behalf of the petitioner, is that respondent Abul Hasan is a trader and has obtained a licence to trade under the provisions of the Bihar Agricultural Produce Markets Act, 1960 (for short &aposthe Act&apos) and as such his appointment as a Chairman of the Market Committee will adversely affect the interest of the agriculturists as under Section 27A of the Act he is one of the members of the Committee for assessment of the market and levy of fee.

(3.) SECTION 9 of the Act deals with the constitution of the second and subsequent Market Committee. According to sub -section (1) thereof, there shaii be following categories of persons/members in every market area: '' (i) Seven agriculturists constituencies for electing seven representatives of agriculturists, in the manner prescribed. (ii) Two traders&apos constituencies for entire market area for electing two representatives of the licensed traders under this Act, in the manner prescribed. (iii) One shall be Sub -divisional Officer of the sub -division in which head - quarters of the Market Committee is situated, who shall represent the inter -est of the State Government. (iv) Two co -operative societies&apos con -stituencies for the entire market area for electing two representatives of the co -operative societies holding valid licence under this Act. (v) One shall be a person appointed under sub -section (1) of Section 20, who shall be the ex -officio member Secretary of the Market Committee. (vi) One shall be a person nominated by the State Bank of India, Bihar Region/Circle. (vii) One shall be a person elected from amongst the members of the municipality or notified area committee within whose jurisdiction the principal market yard is situated and in the event there is no municipality or notified area committee, from executive committee of the Gram Panchayat within whose jurisdiction the principal market yard is situated. (viii) One shall be person nominated by Zila Parishad from amongst its members. (ix) One shall be person nominated by Agriculture Department. (x) One shall be a member nominated by the State Government from amongst the members of the Legislature in whose constituency, the principal market yard is situated. 4. Sub -section (4)(i) of Section 9 of the Act says that an officer, nominated by the State Government shall be the Chair -man of the Market Committee for 2 years or 6 years after the passing of the Act, thereafter the State Government shall appoint the Chairman from amongst the members of the Market Committee. Sub -section (4)(ii) thereof provides that the Market Committee shall elect one of its members, representing the agriculturists&apos interest to be its Vice -Chairman.