NEELAPPA GOUDA Vs. DEPUTY COMMR DHARWAR

JUDGEMENT

(1.) The petitioner is an agriculturist residing within the jurisdiction of the Agricultural Produce Market Committee, Ron, having its market-yard at Hole-Alur. He has questioned in this writ petition the authority of respondent No. 3, Shankarappa son of Sangappa (wrongly shown as Sannappa in the notification issued by the Deputy Commissioner) to represent the Farmers Service Co-operative Society Limited, Gajendragad, respondent No.4, under clause (v) of sub-sec. (1) of S. 11 of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (hereinafter referred to as the 'Act'). Similarly, he has questioned the authority of respondent No. 5, the Administrator Taluk Development Boord, Ron, to act as a member of the said committee.

(2.) The contention of the petitioner as against respondent No. 3 is that he had not been elected at an election held by a returning officer appointed by the Deputy Commissioner for the purpose by the members of the managing committee of respondent No. 4; but he had been only nominated by them by a resolution passed by them at a meeting. The above fact remains uncontroverted.

(3.) In Service Co-operative Society Ltd., Chalkapur. v. Dy. Commissioner, Bidar, 1975 2 KarJLJ. 420. it has been held by this Court that a nomination made under similar circumstances would not clothe the person nominated with the authority to function as a member of the market committee. Following the said decision, the declaration made by the Deputy Commissioner declaring that respondent No. 3 had been elected as a member of the market committee, Ron, under clause (v) of sub-sec (1) of S.11 of the Act is set aside. Respondent No.3 is directed not to participate in the proceedings of the market committee pursuant to the said declaration.