HITESH KUMAR SHARMA Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-12-93
HIGH COURT OF UTTARAKHAND
Decided on December 28,2012

Hitesh Kumar Sharma Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

SUDHANSHU DHULIA, J. - (1.) HEARD Mr. D. S. Patni, Advocate for the petitioners and Mr. U. K. Uniyal, Advocate General assisted by Mr. Paresh Tripathi, Additional Chief Standing Counsel for the State of Uttarakhand.
(2.) IN all the abovementioned writ petitions before this Court, what is common is the challenge to the impugned order dated 06.09.2012 issued by the State Government by which a modification was made to its earlier order passed a day earlier i.e. on 05.09.2012. Vide order dated 05.09.2012 His Excellency, the Governor was pleased to grant approval for the appointment of the petitioners as Members/Chairman/Vice Chairman of the respective market committees. By this order (dated 05.09.2012), a list was declared by which first members were appointed and subsequently the Chairman out of the members were nominated, including the present petitioners. On the very next day i.e. 06.09.2012, the State Government again passed the order, inter -alia, cancelling the appointments of members/ Chairman/Vice Chairman of three Market Committees i.e. Mangalore, Jwalapur and Gadarpur. These modifications, which have been brought by the impugned order dated 06.09.2012, affect the present petitioners.
(3.) BEFORE dealing with the arguments of learned counsel for the parties, it would be first worthwhile to narrate the purpose of these Marketing Committees in the State, the manner in which the members and Chairman of the Committee are to be appointed etc. The Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011 (hereinafter referred to as Act) was enacted in order to provide for the effective regulation in marketing of agricultural produce, establishment and development of proper and modern marketing system, promotion of agricultural processing and agricultural export, superintendence and control of markets in the State of Uttarakhand and for the matters connected therewith or incidental thereto. For the said purposes, a Committee or more popularly known as "Agricultural Produce Marketing Committee" is constituted for each market area. Section 16 of the Act provides that for every market area, there shall be a Market Committee which shall have jurisdiction over the entire market area. Section 17 of the Act provides the provisions for constitution of a Committee, which shall consist of the members to be nominated by the State Government. Section 17 of the Act provides as under: "Constitution of the Committee 17. (1) The Committee, referred to in Section 16 shall consist of the following members to be nominated by the State Government in the manner as may be prescribed: (a) one representative of urban local bodies, exercising jurisdiction over the Principal Market yard or Sub -Market Yard, or part of either and the market area or any of its part; (b) one representative out of Zila Panchayat and one representative of Kshettra Panchayats exercising jurisdiction over the Principal Market Yard or Sub -Market Yard, or part of either and the market area or any of its part; (c) one representative of the Co -opeartive Marketing Societies holding license for transacting business in the Market Area; (d) one representative of commission agents carrying on business in the Market Area and holding licence therefore under this Act. (e) One representative of traders carrying on business in the Market Area and holding license therefore under this Act. (f) Seven representatives of producers of the Market Area; (g) One person of the Market Area who shall represent the interest of consumers; (h) Two Government officials of whom one shall be a representative of the Trade Tax Department and the other of the Food and Civil Supplies Department; (i) Secretary of the Market Committee who shall be the member secretary. (2) Out of the persons nominated under clause (f) of sub -section (1) (a) two members shall be residents of anyof the Gram Panchayat exercising jurisdiction over any part of the Market Area; (b) five members shall be producer seller in the Market Area who have obtained sale Vouchers in Form No.VI of last three years from the Committee, out of which, one member shall be belonging to the Schedueld Castes or the Scheduled Tribes and the other from Other Backward Classes of citizen; (3) Every committee shall have a Chairman nominated by the State Government from amongst the members referred to in clause (f) of sub -section (1) and a Vice Chairman nominated by the State Government from amongst the members of the committee. (a) the terí of the committee constituted under sub -section (1) shall be two years from the date of production of the constitution of the Committee under sub -section (6) if not terminated earlier by the State Government. (b) the term of the office of the Chairman, the Vice Chairman and the members shall be co -terminus with the committee; (c) a non -official member shall cease to hold his office if he ceases to be a licensee of committee or otherwise ceases to work in the committee as trader or commission agent as the case may be. (5) "¦"¦"¦"¦"¦.. (6) "¦"¦"¦"¦"¦.. 4. The "producers" of a market area are not only important because they have the largest representations in the market area, but, there is a statutory requirement that the Chairman of the Market Committee has to be nominated from amongst 7 nominated members, who are the representatives of producers of the market area. Vide order dated;


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