WAHEDUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) All the writ petitions raising the same issue and pertaining to District Regulated Market Committee have been heard together and are being disposed of by this common judgement and order.

(2.) The petitioner is an elected member (Agriculturist) of Dhuburi District Regulated Market Committee, Gauripur. The prayer in the writ petition is to allow the existing market committee to render its functions and duties till a new committee is constituted by holding election.

(3.) The petitioner is the Chairman of Lanka Regulated Market Committee. The prayer in the writ petition is to allow him to continue as the Chairman till declaration of the results of the election. However, because of the interim orders operating in WP(C) No. 6504/2013, the results could not be declared. The said writ petition has been disposed of today by vacating the interim order and directing the respondents to declare the results of the election. The petitioner has also challenged the notification dated 28/01/2014 by which the Government of Assam in the Agriculture Department invoked the power under Section 48 of the Assam Agricultural Produce Market Act, 1972, has allowed the District Agriculture Officer, Nagaon to take over charge of the Lanka Regulated Market Committee temporarily in view of the term of the said committee expired on 06/12/2013. According to the petitioner till the declaration of the results of the election he should be allowed to continue as Chairman of the Marketing Committee on the basis of the earlier election irrespective of the expiry of the term of the Committee on 06/12/2013.