SHAMBUGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD.

(2.) ). The petitioner, who was Chairman of the Agricultural Produce Market Committee, Bagalkot District ('the Committee' for short) has prayed to quash the order in No. E:07:election:2000 dated 27-4-2000 of R-2, Director of Agriculture Marketing, Bangalore, passed removing him from the post of Chairman of the said Committee with immediate effect pursuant to the 'no-confidence Motion' passed by the Committee in its meeting held on 19-4-2000. Admitted Facts :

(3.) AS on 19-4-2000 the Committee, consisted of 18 members. The post of one of its member was lying vacant and out of its remaining 17 members one was an official member nominated to the Committee by R-2 under Section 11 (1) (viii) of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 ('the Act' in short ). Petitioner was the Chairman of the Committee prior to 19-4-2000. In response to a valid no-confidence motion notice in Form-27 given against him by the prescribed number of members of the Committee as envisaged by Section 44 (1) of the Act, a meeting of the Committee was convened on 19-4-2000 to pass its resolution in that regard. The said meeting proceeding was commenced at 10. 30 a. m. and was concluded by 11. 00 a. m. on 19-4-2000 and 11 members of the Committee were present and participated in the meeting. They all unanimously supported the no-confidence motion against petitioner. Thereafter, at about 11. 15 a. m. , another member of the Committee, named Pandu Police, also came and was stated to have put his signature in the minute book supporting the said resolution of the Committee.