G V GUNAYYA CHETTY Vs. V DESARATHAMAIAH

JUDGEMENT

(1.) This appeal, by special leave raises a very short question of construction of certain provisions of the Andhra Pradesh Agricultural Produce and Live-Stock Markets Act. 1966 (hereinafter referred to as the Act). The narration of a few facts giving rise to the appeal would help to appreciate the question which arises for determination, but it would be convenient first to refer to the relevant provisions of the Act before we recapitulate the facts.

(2.) The Act is a species of legislation which has now been enacted in almost all States of India with a view to providing satisfactory conditions for the growers of agricultural produce to sell their produce on equal terms and at reasonable prices. Section 2 gives definitions of the various terms used in the Act while Section 3 provides for issue of notification by the Government declaring a specific area "to be a notified area for the purposes of this Act in respect of any agricultural produce, livestock and products of livestock." Then comes Section 4, which says in sub-section (1), which is the only sub-section material for our purpose:

(3.) The Government, by a notification issued under Section 3, sub-section (3) of the Act, declared the area comprised in Machilipatnam, Badar and Divi taluks to be notified area for the, purposes of the Act. This was followed by a notification dated 30th October, 1969, constituting a Market Committee for the notified area under Section 4, sub-section (1) of the Act. The Market Committee was to consist of twelve members to be appointed in the manner set out in Section 5, sub-section (1) of the Act. Six out of these twelve members were nominated by the Government from among the growers of Agricultural produce and owners of livestock under Section 5, subsection (1), clause (i), two were nominated by the Government from among traders under the proviso to Section 5, Subsection (1), clause (iv) and the Agriculture Extension Officer. Movva was nominated by the Government as departmental representative under Section 5, subsection (1), clause (iii) (a). It does not appear from the record whether the other three members were appointed as contemplated by Section 5, sub-section (1). clauses (ii) end (iii) (b). The Chairman of the Market Committee was elected on 24th January, 1970 and the term of office of the members of the Market Committee was, therefore, three years from that date as provided in Section 5, sub-section (3).