K B GURAPPA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are all elected members of the Committee of management of Agricultural Produce Marketing Committee, Sakleshpur. As per the list of events they were all declared elected by the Returning Officer on 6-4-1997. The results of the said election was published in the notification dated 11-4-1997. But for one reason or the other, the State Government did not constitute the Committee by calling the meeting. Ultimately, on the writ petition filed by some persons, the State Government directed the Tahsildar to take steps to constitute the Committee of elected members of the Market Committee. Pursuant to that the Committee was constituted on 30-4-1998. In view of this constitution the petitioners have filed this petition for a direction to issue notification to the effect that they are entitled to be the members for a period of five years from 30-4-1998, i. e. , the date on which the committee was constituted.

(2.) SECTION 38 of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, provides the term of office of the member of the market Committee as five years. Section 39 of the Act, provides for commencement of the term of office which reads as follows:

(3.) UNDER Section 27, the Deputy Commissioner, is required to publish the names of all the elected members by notification in the Official gazette.