BRAJESH PRATAP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THROUGH this petition the petitioner is seeking writ of quo warranto against the third respondent Smt. Ramkali wife of Rajkumar Mishra who is holding the office of Chairman, Krishi Upaj Mandi Samiti, Satna (for short 'mandi Samiti') on the ground that she is not an 'agriculturist' within the meaning of Section 2 (b) of the M. P. Krishi Upaj Mandi Adhiniyam, 1972 (for short 'act of 1972') and was not qualified to vote and to be representative of agriculturists and is not entitled to continue in the said office.

(2.) BRIEFLY stated, the third respondent contested the election for the post of Chairman of Mandi Samiti claiming herself to be an Agriculturist. She was declared elected and was notified as returned candidate vide notification dated 17-6-2005. The petitioner placing reliance on the definition of the term 'agriculturist' given under Section 2 (b) of the Act of 1972, the qualifications to vote and to be representative of Agriculturists as required under Section 11-B and the provisions contained under Section 12 of the Act of 1972 for 'election of chairman' contended that the third respondent does not fulfill the statutory requirement to become the Chairman of the Mandi Samiti.

(3.) IN order to contend that the third respondent is not an 'agriculturist' the petitioner stated that the third respondent is one of the partners of firm M/s. Mishra Construction Company, Khajuri Tola, Khermai road, Satna engaged in doing construction works. She being partner of the said firm her source of livelihood is not wholly dependent upon Agricultural produce. In support of this contention the petitioner has filed various documents to show that the third respondent is one of the partners of the said firm.