CHIKKAPPA NINGAPPA SHYGOTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) AN interesting question is raised in this petition on the following facts: facts. Respondent 2 is a Marketing Committee of Kundgol constituted under the Karnataka Agricultural Produce Marketing Committee (Regulations) Act ('the Act' for short ). Elections were held for the said committee on 28-4-1997. Petitioner contested as a representative of Taluk agricultural Produce Co-operative Marketing Society Limited ('apmc' for short), Kundgol in terms of Section 11 of the Act. Incidentally, at the relevant point of time, petitioner happened to be a member of the committee and also the President of respondent 3. In the elections held to the Agricultural Produce Marketing Committee in April 1997, petitioner was elected. He secured eight votes out of total number of fourteen votes. The elected office is for a period of five years.

(2.) PETITIONER further states that elections were held to the committee of respondent 3 on 30-5-1999. He did not contest in the said election to the committee and therefore the petitioner was not a member of the committee of management of respondent 3. A meeting of respondent 2 was held on 8-7-1999. No notice was issued to the petitioner. Petitioner was shocked and later came to know that respondent 2 had unilaterally decided that the petitioner ceased to be a member of the committee of respondent 2 on account of his ceasing to be a Director of respondent 3. Petitioner made an application for which an endorsement as per Annexure-B is issued. Petitioner in this petition questions Annexure-B and also seeks for the following prayers.

(3.) NOTICE was issued by this Court and respondents have entered appearance. A detailed statement of objections has been filed by the apmc. The APMC states that the petitioner was a representative of respondent 3. On his ceasing to be a Director of the third respondent, he ceases to be a member of the APMC in terms of Section 38 (2 ). Respondents say that Section 38 (2) provide for automatic removal consequent upon the petitioner ceasing to be a Managing Committee Member of respondent 3. They justify the endorsement.