SOMESHWAR PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ appeal, under Section 2 (1) of M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, is directed against the order dated 18.8.2017 passed in W.P.No.2176/2017, by which the learned writ court uphold the order of removal of the appellant from the post of Chairman of the Krishi Upaj Mandi Samiti (for short 'Market Committee'), Indore and debarring him from being re-elected or re-nominated as member of the Market Committee for the period of six years from the date of such removal under section 55(1) of the Krishi Upaj Mandi, Adhiniyam, 1972 (hereinafter referred as "the Adhiniyam of 1972") by allowing the writ petition in part.

(2.) The appellant is a elected Chairman, Market Committee for a term of five years (7.1.2013 to January 2018), consequent upon his election as member of the Market Committee was elected as Chairman for the period 22.7.2007 to 22.7.2011; five years term thereafter, he has been re-elected as Chairman w.e.f. 7.1.2012 for 5 years up to January 2018.

(3.) In the year 2009, 88 shops in the premises of Mandi were available for auction and 9 shops out of the said 88 shops i.e. 10% were reserved for SC, ST and OBC class of people, as provided for under Rule 4 of M.P. Krishi Upaj Mandi Allotment of Land and Structures, Rules 2009 (for short 'Rules of 2009').