M.N. Bhandari, J. - (1.) AGGRIEVED by the orders dated 17.1.2014 and 31.1.2014, writ petitions have been filed. By the aforesaid orders, nomination of the petitioners as member of Agricultural Market Committee has been withdrawn and in their place, private respondent No. 3 (in both the writ petitions) has been nominated.
(2.) IT is stated that the petitioners were nominated as a member of Agricultural Market Committee pursuant to notification dated 19.9.2011. The nomination was made in exercise of powers under Section 27 -A of the Rajasthan Agriculture Produce Markets Act, 1961 (hereinafter to be referred to as "the Act of 1961"). After the nomination, petitioners continued as a member of the Market Committee. In the year 2014, there was a change of the Government, accordingly, impugned orders were passed on 17.1.2014 withdrawing their nomination. Counsel for the petitioners, referring to Section 7(3) of the Act of 1961, submits that once a member is nominated, he is given tenure of five years. He can be removed only as per the provisions of Section 23 of the Act of 1961. The procedure for removal is provided under Rajasthan Agriculture Produce Markets Rules of 1963 (In short Rules of 1963). There is no provision for withdrawal of nomination. The impugned order has not been passed by invoking Section 23 of the Act of 1961 and after undergoing the procedure provided under Rules of 1963. Thus action of respondents becomes illegal. Doctrine of pleasure does not apply in this case as neither order of nomination nor provisions of the Act of 1961 provides so, rather, the Act of 1961 gives specific tenure to the member, which is of 5 years.
(3.) IT is submitted that similar controversy came up for consideration before this court in the case of Manik Chand Surana v. State of Rajasthan & Ors. reported in RLR 1993 (1) 105, wherein, this court extensively considered the issue involved in this case. The ratio propounded therein is applicable in the facts of the present case also. The court therein considered application of Rajasthan General Clauses Act so as other provisions to give dictum on the issue of doctrine of pleasure. The exercise of power for withdrawal of nomination was held to be illegal.;