S C SOBAGAIAH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) At the election held on 16th July 1970 to the Kunigal Agricultural Produce Market Committee, the petitioner and the 3rd respondent were among the persons elected. The petitioner is an individual; the 3rd respondent is the Taluk Agricultural Produce Co-operative Marketing Society, Kunigal.

(2.) Among the various constituencies from which members are elected to the Taluk Agricultural Produce Market Committee (hereinafter referred to as the Market Committee), there are two constituencies with which we are concerned in this case, viz., the constituency of Commission Agents which is entitled to elect one member to the Market Committee and the constituency of the Taluk Marketing Co-operative Societies which is entitled to elect one member. The 3rd respondent is a society forming part of the second mentioned constituency entitled to elect one member. Sometime before the election, the 3rd respondent-Society also secured a licence to work as Commission Agents under the Agricultural Produce Marketing (Regulation) Act of 1966. At the election mentioned above, the 3rd respondent Society figured as a candidate for election from both the said two constituencies. As required by Rule 4 of the Mysore Agricultural Produce Marketing (Regulation) Rules, 1968, the 3rd respondent-Society nominated its President B. Channappa as the person to represent it in the Commission Agents' constituency and also nominated one of its directors Mohammad Khasim as its representative in the Taluk Marketing Co-operative Societies' constituency. It succeeded in both the constituencies.

(3.) The results of the election were published in the Mysore Gazette dated 27th July 1970. Almost immediately thereafter, the Tahsildar of Kunigal Taluk as the prescribed Officer under S.41 of the Act issued notices to elected members convening a meeting of the Market Committee to be held on 11th August 1970 (today).