UPPERI RUDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) An agricultural Produce Market Committee called as the Agricultural Produce Market Committee Hospet (hereinafter referred to as the APMC) has been constituted and functioning at Hospet town, Bellary District under the provisions of the Karnataka Agricultural Producing Marketing (Regulation) Act of 1966 (Karnataka Act No. 27 of 1966) (hereinafter referred to as the Act) . In accordance with S-11 of the Act, a new committee of 13 members, consisting of elected representatives and nominated persons, has been constituted in January, 1979. On 15-3-1979 the petitioner elected as a member from the agriculturists constituency, has been elected as the President of the A.P.M.C. and he is functioning in that capacity ever since then.

(2.) On 3-11-1979 the Governor of Karnataka in exercise of the powers conferred by clause (i) of Art. 213 of the Constitution, promulgated the Karnataka Agricultural Produce Marketing (Regulation) (Second Amendment) Ordinance of 1979 (Kar natana Ordinance No, 16 of 1979) (hereinafter referred to as the Ordinance) inter alia amending S. 11 of the Act by sec. 6 of the Ordinance, (i) increasing the number of members to be elected from the agriculturists constituency to nine as against seven with a reservation of one seat to scheduled caste or scheduled tribe, (ii) reducing the representation to- traders to one member as against two members; and (iii) conferring power on Government to nominate two members of whom one shall be a person belong- ing to scheduled caste or scheduled tribe. S, 6(1) (a) (b) of the Ordinance hag been given retrospective effect from 30-6-1979. The Ordinance has been replaced by the Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Act of 1980 (Karnataka Act No. 17 of 1980 (hereinafter referred to as the Amendment Act) The Amendment Act received the assent of the Governor on 29-4-1980 and has been published; in the Karnataka Gazette on 9-5-1980. S. 6 of the Ordinance has been reenaded as S. 6 of the Amendment Act without any change thereto, and the latter one has also been given retrospective effect from 30-6-1979.

(3.) In exercise of the powers conferred by clause (ix) of sub-section (1) of S. 11 as amended by the ordinance by Notification No. RDC 268 MMD 79 dated 29-4-1980 (Annexure-B) the Government of Karnataka has nominated respondents 2 and 3 one of them being a member of a scheduled caste as members of the A.P.M.C. In this petition under Art. 226 of the Constitution, presented on 26-5-1980, the petitioner has challenged the aforesaid' notification of the Government. On 30-5-1980 Swami, J., while directing emergent notices stayed the operation of the said notification, which has been continued till the disposal of this writ petition.