SODHA PARMAR CHHANABHAI GANDABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is holding traders' licence from the Agricultural Produce Market Committee, Kapadwanj (hereinafter referred to as the said Market Committee) and he was elected as member of the Market Committee from the Traders Constituency in the previous election. The election of the Market Committee was held in June 1987. The term of the said Market Committee had expired on 25/05/1991. The State Government extended term of the Committee for the period upto 31/12/1991.

(2.) At the time of hearing of the matter, the learned Counsel for the petitioner has produced on record the Government Gazette dated 1/08/1991 to point out that by exercise of powers under Sec. 11(2)(a) of the Gujarat Agricultural Produce Markets Act, 1963, the Director has nominated the members on the Market Committee for a period upto 31/12/1991. The relevant part is as under :

(3.) It is an admitted fact that, pursuant to the aforesaid notification, the, members, who were elected in the previous election, continued as nominated members under sub-sees. (2)(a) and (b) of Sec. 11 of the Gujarat Agricultural Produce Markets Act, 1963 (fur short 'the Act'). From the aforesaid notification, it is clear that the State Government has not exercised powers under Sec. 11(4) of the Act for extending the term of the elected members. It is undisputed that, on the expiry of the said term on 31/12/1991, the State Government in exercise of powers under Sec. 11(5) of the Act appointed the District Registrar, Co-operative Societies, District Kheda, as Administrator of the said Market Committee, vide order dated 7/01/1992. The aforesaid appointment order dated 7/01/1992 is produced at Annexure 'I' to the affidavit-in-reply filed by respondent No. 6.