ISLAM ALI Vs. PANCHAVAT SAMITI TELHARA

JUDGEMENT

(1.) THIS petition seeks the quashing of the resolution of the respondent No. 1, Annexure 4 and the orders of the respondent No. 2 at Annexures 5 and 7. It also seeks a writ of prohibition prohibiting the respondents 2 and 3 from issuing any directions which will have the effect of disturbing the status quo of the petitioner. The grievance of the petitioner arises in this way.

(2.) THE petitioner Mir Islamali was an elected memeber of the Penchayat Samiiti, Telhara from Hiwarkhed oopanchayats Electoral Collelge for a term of 5 years having been elected in the year 1967. After the establishment of a market committee for the market area of Telhara Block within the jurisdiction of the Panchayat Samiti, Telhara, a representative of the Panchayat Samiti, within the area of the markekt committee had to be sent to the market committee. The Panchayat Samiti, Telhara being within its jurisdiction, the Panchayat Samiti, Telhara decided to send the petitioner as its representative to the market committee, Telhara and accordingly the petitioner was elected as its representativie. The name of the petitioner was duly published in the Office Gazette dated 19-1-1972.

(3.) AFTER the petitioner was sent to the market committee Telhara as and elected representative of the Telhara Panchayat Samiti, the election of the Chairman of the Market Committee was held and in that election which was held on 21-4-1972, the petitioner was elected as a Chairman of the Market Committee Telhara his being the only name proposed. The petitioner therreafter continued to be the Chairman of the Telhars Markket Committee and was functioning as such. The petitioner in the ordinary course would have continued as the Chairman of thetalhara Market Committee till 20-4-1975 by virtue of the provisions of Section 14 (3) of the Agricultural Production Marketing (Regulation) Act, 1963, hereinafter calleld the Marketing Act.