ARJUN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two writ petitions involving identical questions of law were heard together finally at the admission stage with the consent of the learned counsels appearing for the parties and are being disposed of by this common judgment. By way of writ petition No. 9121/2011, the petitioner-Arjun Lal who is Member of Legislative Assembly (MLA) representing Bilara Assembly Constituency, District Jodhpur has assailed the validity of notifications dated 19.9.2011 issued by the State Government nominating the respondent No.5-Om Joshi, MLA representing Phalodi Assembly Constituency, as member of Krishi Upaj Mandi Samiti (KUMS) (Fruit & Vegetable) Mandore Road, Jodhpur and KUMS, Bilara. Similarly, by way of writ petition No. 9122/2011, the petitioner-Kamsa Meghwal, MLA representing Bhopalgarh Assembly Constituency has assailed validity of notification dated 19.9.2011 issued by the State Government nominating Malkhana Singh Bishnoi, MLA representing Luni Legislative Constituency as member of KUMS, Pipar City, District Jodhpur.

(2.) To provide a better regulation of buying and selling for agriculture produce and the establishment of market for agricultural produce in the State of Rajasthan, the State Legislature enacted the Act namely Rajasthan Agriculture Produce Market Act, 1961 (in short "the Act"). The need of said enactment was felt for the reason that agriculturists being generally illiterate and ignorant about the prevailing prices of their produce in the market were being exploited by the middle men and profiteers.

(3.) The procedure for Constitution of the Markets, Declaration of Market area and Division of the Market into yards is governed by the provisions contained in Chapter II of the Act. Chapter III of the Act deals with classification of Market area, Establishment and Constitution of the Market Committees so also the Function and Duties of a Market committee.