NAND LAL SACHDEVA Vs. STATE OF M P

JUDGEMENT

(1.) FACTS involved herein are in very narrow compass. The State Government while constituting the M.P. State Agricultural Marketing . Board (hereinafter referred to "the Board" for brevity) nominated respondents No.3 and 4 in the capacity of representative of Traders as Board's members. Petitioner who happens to be an elected representative of licensed traders has objected on the ground that respondents No.3 and 4 are not elected representatives of Traders and action of the State Government of M.P., in nominating them as representatives, is without powers and jurisdiction.

(2.) PER contra, it has been contended by the respondents that the State Government has power to nominate from amongst the traders, any trader as their representative and it is not necessary that nomination must be made from amongst the elected representatives of traders.

(3.) BY virtue of section 40 of M.P. Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter referred to "the Mandi Adhiniyam" for short), a Board called as Madhya Pradesh State Agricultural Marketing Board is established for the State of M.P. Constitution of Board has been provided in section 41 of the Mandi Adhiniyam. Relevant portion of this section reads as under :