- (1.) THE petitioner was nominated during the term of the previous Government as a member of Market committee, Raikot (Ludhiana) on 16-2-2005 in exercise of powers under Section 12 of the Punjab Agricultural Produce Markets act, 1961 (for short 'the Act') and other powers vested in the Governor of Punjab. He also became the Chairman of the said Committee, however, he has ceased to continue in office with issuance of the Punjab Ordinance no. 2 of 2007 by the present Government, which was later translated in to an enactment, being the Punjab Act No. 5 of 2007 substituting Section 12-A of the Act, whereby all the market committees in the state of Punjab have been superseded. The petitioner has, hence, sought to challenge the provisions of the Punjab Act No. 5 of 2007, on the ground that the procedures laid down under Section 35 of the Act have not been followed. Section 12-A of the Act after amendment by Act No. 5 of 2007 reads as follows : "12-A. Supersession Of nominated Committees-On and from the commencement of the punjab Agricultural Produce Markets (Amendment) Ordinance, 2007. (a) all the Committees, constituted by way, of nomination, under Section 12 as it existed immediately before such commencement, shall stand superseded; (b) all the members including the Chairman and the Vice-Chairman of every Committee, shall cease to hold office; (c) during the period of supersession of the Committees, all powers and duties conferred and imposed upon the Committee, its chairman and other members by or under this Act, shall be exercised and performed by such officer, as the Government may appoint in that behalf; and (d) all property vested in each Committee shall, until these are reconstituted, vest in the Government: provided that the Committees shall be reconstituted in accordance with the provisions of Section 12 within a period of six months from the date of supersession. "
(2.) THUS, by amendment in the proviso to Punjab Act No. 5 of 2005 by the Act No. 5 of 2007, the period of three years has been substituted by a period of six months from the date of supersession. The other Section which also provides for supersession of Committees is Section 35 of the Act. The provisions of Section 35 of the Act read as under: "35. Supersession of Committees- (1) If, in the opinion of the State Government, a Committee is incompetent to perform or persistently makes default in performing the duties imposed on it by or under this Act, or abuses its powers, the State government may, by notification, supersede the committee: provided that before Issuing a notification under this sub-section, the State Government shall give a reasonable opportunity to the committee for showing cause against the proposed supersession and shall consider the explanations and objections, if any, of the committee. (2) Upon the publications of a notification under sub-section (1) superseding a committee, the following consequences shall ensue:- (a) all the members including the Chairman and vice-chairman of the committee shall, as from the date of such publication, be deemed to have ceased to be members of the committee; (b) all assets of the committee shall vest in the Board and the Board shall be liable for all the legal liabilities of the committee subsisting at the date of its supersession up to the limit of the said assets; (c) The State Government may, in its discretion, by order constitute either a new committee as provided under Section 12 or such other authority for the carrying out of the functions of the committee (and of its chairman and other members) as the State government may deem fit. (3) (a) When the State Government has made an order under clause (c) of sub-section (2), the assets and liabilities denned in clause (b) of sub-section (2) vesting in the board at the date of such order shall be deemed to have been transferred on the date of such order to the new committee or authority constituted as aforesaid. (b) (i) Where the State Government by order under clause (c) of sub-section (2) has appointed an authority other than a new committee for the carrying out of the functions of the superseded committee, the State government may, by notification, determine the period not exceeding one year for which such authority, shall act : provided that the term of office of such authority may be terminated earlier, if the state Government for any reason consider it necessary. (ii) At the expiry of the term of office of such authority a new committee shall be constituted; (iii) Upon such an order being made the assets and liabilities vesting in the authority thereby superseded, shall be deemed to have been transferred by such order to the new committee. (4) Whenever the assets of a committee vest in the Board and no new committee or authority is appointed in its place the Board shall employ the balance of the assets remaining after the discharge of the subsisting legal liabilities of the committee or any object of public utility in the area specified in the notification issued under Section 6. " 2a. As per the averments made in the writ petition, after formation of the present government in February, 2007, it was decided to remove all the Chairman, vice-Chairman and Members of the market com mittees nominated by the previous Government in the State. Thus, in exercise of powers under clause (1) of articles 213 of Constitution of India, an Ordinance to that effect was issued to be followed by the Amendment act No. 5 of 2007. Section 12-A of the act and the consequent notification issued thereunder have been impugned herein mainly on the ground that the Amendment act gives sweeping powers to the respondents to act arbitrarily with discrimination which is violative of Article 14 of the Constitution of India.
(3.) HEARD learned counsel for the parties and perused the records.;