MOHD ARIF Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) In Writ Petition being WPMS No. 1833 of 2017, the petitioner is the Member and in Writ Petition being WPMS No. 1876 of 2017, the petitioner is the Vice-Chairman/Member of the Uttarakhand Agricultural Produce Marketing Board, Rudrapur, District Udham Singh Nagar. They were nominated in the said capacity in Board vide notification dated 19.12.2016 issued by the State Government. Now, the State Government vide its notification dated 29.03.2017 has cancelled the nomination of the petitioners and ended their term of office with immediate effect. Vide letter dated 18.04.2017, the Managing Director of the Board has communicated the said decision of the State Government to the petitioners. Petitioners have challenged these two orders dated 29.03.2017 and 18.04.2017 before this Court.

(2.) The State Government has issued the impugned notification dated 29.03.2017 in exercise of powers conferred under sub-section (1) of Section 50 of the Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011 (from hereinafter referred to as the "Act"). Sub-section (1) of Section 50 of the Act reads as under:-

(3.) The aforesaid provision makes it absolutely clear that though the term of office of the Chairman and other Members of the Board, who are not ex-officio members thereof, shall normally be for a period of two years, but the State Government can reduce the term and cancel the nomination at any point of time.