M.GIRISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE Appeals assail the Order of the learned Single Judge dated 14.06.2012 in which the only question that arose was:

(2.) THIS question draws almost verbatim from Section 44(2) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 ['APMC Act' for short] as amended from time to time. The writ petitioner Sri.A.S.Theerthesh who is respondent No.4 before us, was elected as a President/Chairman of the Agricultural Produce Marketing Committee [for brevity referred to as 'APMC'], Chamarajanagar in the election held on 27.05.2011. The Appellants assert that a No Confidence Motion moved against Theerthesh was duly carried on 26.12.2011, strictly in accordance with the procedure laid down under Section 44(2) of the APMC Act. The Committee consists of 18 members as contemplated under Section 11 of the APMC Act viz., eleven elected persons, one member elected by the commission agents and traders other than retail traders, one member being the representative of Co-Operative Marketing Societies, one member being the representative of Agricultural Co-Operative Processing Societies, three members nominated by the State Government and one nominated by the Director of Agricultural Produce Marketing Committee who shall have no right to vote under Section 41 or Section 44 of the APMC Act. We must immediately highlight the difference in the language employed in the statute so far as the non voting person is concerned, inasmuch as, while all the other constituents of the Marketing Committee are referred to as 'members', this epithet or nomenclature is missing so far as the nominee of the Director of Agricultural Marketing Committee is concerned. For ease of reference Section 11 (1) and 44(2) of the APMC Act is reproduced:

(3.) AS is evident from the above, there are 14 elected members, three members nominated by the State Government and one nominated by the Director [without the right to vote]. It is not in dispute that the crucial meeting that was held on 26.12.2011 was attended by 11 elected members. The three other elected members as also the three Government nominees were absent. Whilst the nominee of the Director of Agricultural Marketing Committee was present he did not cast his vote because he was not empowered to do so.