BHAGWANDAS Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is directed against the Notification dated 27-2-1970 of the Agriculture Department purporting to appoint, in exercise of powers under section 7-A of the Madhya Pradesh Agricultural Produce Markets Act, 1960, a Managing Committee for Bhander Market in Tahsil .Bhander of Gwalior District

(2.) SECTION 7-A of the Act provides that "when a market is established fur the, first time, the State Government shall have powers to appoint etc. etc." The contention is that the provisions of section 7-A of the Act are applicable to markets established for the first time under the present Act and not to the markets which were already in existence and were continued under the present Act. The market in question, which was established under the Qawaid Mandi Hat Gwalior and further continued under the Madhya Bharat Agricultural Produce Markets Act, 1952 and under the present Act, could not be said to be the first market established under the present Act and the exercise of the power of appointing a Committee was, therefore, illegal and tra vires of the powers of the State Government.

(3.) IN the year 1968 the Madhya Pradesh Agricultural Produce Markets (Amendment) Ordinance, 1968 was promulgated. By the said Ordinance subsection (3) of section 8 of the Act was omitted and a new section, namely, section 7-A was added. Section 7-A was to the following effect: