RASAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution, the constitutional validity of the Madhya Pradesh Krishi Upaj Mandi [tritiya sanshodhan Adhyadesh, 1977 (M. P. Ordinance Mo. 9 of 1977) herein-after called the 'ordinance'] has been challenged. This Bench was, therefore, constituted under Article 228-A of the Constitution.

(2.) BY this Ordinance, section 11 of the M. P. Krishi Upaj Mandi adhiniyam, 1972, (hereinafter called the 'act') has been amended. The only ground of challenge is that whereas the Act was enacted after obtaining the assent of the President, the Ordinance has been promulgated without the assent of the President.

(3.) THE Act provides inter alia for establishment of markets and Constitution of market committees. The petitioner's case is that Mandi Committees throughout the State of Madhya Pradesh were established and incorporated under this Act. The Mandi Committee, Jora (District Morena) (Krishi Upaj mandi Committee, Jora) is one of such committees. In the month of December 1975, under the provisions of the Act election to the Mandi Committee was held on January 18, 1976. The petitioner was elected Chairman. The tenure of office is five years. However, on September 19, 1977, the Government of Madhya Pradesh promulgated the Ordinance which, inter alia, provides that the members of every market committee constituted in accordance with the provisions of section 11 of the Act, during the period of operation of proclamation of emergency made by the President on June 25, 1975, under Clause (1)of Article 352 of the Constitution shall cease to hold office with effect from september 19, 1977, and every such market committee shall on that date stand dissolved.