JUDGEMENT
DIPAK MISRA,J. -
(1.) In these appeals, by special leave, the appellants have
called in question the legal acceptability of the judgment and order
passed by the High Court of Judicature at Hyderabad for the State of
Telangana and for the State of Andhra Pradesh in a batch of writ
petitions wherein the Division Bench has upheld the constitutional
validity of sub-section (3) of Section 5 of the Andhra Pradesh
(Agricultural Produce and Livestock) Markets (Amendment) Act, 2015 (for
brevity, "the Act").
(2.) The High Court, for the sake of convenience, has stated the facts as adumbrated in W.P. No. 11512 of 2015 and, therefore, we shall advert to
the facts of the said writ petition. Needless to say, the averments in
all the writ petitions are fundamentally the same.
(3.) The petitioners in the said writ petition were appointed as Chairmen of Agricultural Market Committees by the State for a term of 3 years. It
is worthy to note that vide G.O. Rt. No. 435 dated 04.03.2013 the
Government of Andhra Pradesh in exercise of powers conferred under
Section 6(1) read with sub-sections (1) and (2) of the Section 5 of the
Act constituted the Agricultural Market Committee, Kubeer, Adilabad
District with one B. Chandra Shekar as Chairman and others as members. It
was mentioned that the said B. Chandra Shekar was nominated as Chairman
and one D. Dattaram as Vice-Chairman and 16 others as members. Similar
notifications were issued in respect of other Agricultural Market
Committees vide notifications dated 04.03.2013, 31.08.2013, 18.11.2013,
27.11.2013 and after such nomination the persons who were nominated as Chairman, Vice-Chairman and members continued in their respective
assignments.;
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