ANIL BHARATMAL VOHRA Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition in the nature of quo warranto filed under Art. 226 of the constitution of India seeking abashment of the order dated 30-12-2005 (Annexure P-2) issued by the State Government Nominating the 4th respondent as "member" of the Madhya Pradesh State Agricultural Marketing board (for short, "the Board" ).

(2.) THE petitioner claims to be a licenced trader of Mandi Committee badnawar. He has filed a certificate (Annexure P-1) of his election as "representatives of traders" issued under Rule 80, Madhya Pradesh Krishi Upaj mandi (Mandi Samiti Ka Nirvachan) Rules, 1997 (for short "the Rules" ).

(3.) THE State Government exercising its powers conferred by Section 41 (1) B of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (for short "the Adhiniyam") nominated various members to the Board in addition to the ex officio members. The 4th respondent has also been nominated as member to the board under category of "representatives of traders holding licence" in any market Committee within the State as provided under Section 41 B (h) of the adhiniyam vide impugned order dated 30-12-2005 notified in Madhya Pradesh rajpatra dated 13-1-2006.