DALIP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed by Dalip Singh Advocate, member Market Committee, Karnal, with the allegations that, he and other members of the Market Committee started functioning for the first time on February 1, 1971, and under Section 14 of the Punjab Agricultural Produce Markets Act (hereinafter called the Act), he and his colleagues were entitled to hold office for a period of three years. According to respondent No. 1, the term of office of the petitioner and his colleagues expired on June 10, 1973, and that respondent No. 1 was entitled to nominate new members to act as the Market Committee. The petitioner has come with a prayer that a suitable writ be issued directing the respondents to treat him as a member of the Market Committee upto January 31, 1974.

(2.) In order to understand the nature of this controversy, it would be necessary to notice the dates on which some of the incidents relating to this Committee took place. Respondent No. 1 issued a notification on June 11, 1970 by which the petitioner and his colleagues were nominated as members of the Market Committee. Somehow or other, the district authorities did not give effect to this notification and called the first meeting of the Committee on February 1, 1971, when the election of the Chairman and the Vice-Chairman took place. The sole question which deserves to be determined is whether the word "appointment" as used in Section 14 of the Act means the date on which the notification regarding the appointment of the members of the Committee is issued by the State Government or the date on which they are allowed to function as members of the Committee for the first time. Section 14 of the Act reads as under :-

(3.) In view of the aforementioned reasons, I allow this petition and declare that the petitioner is entitled to work as the member of the Market Committee, Karnal, upto January 31, 1974, unless he is removed earlier in accordance with law. The respondents are directed to treat him as such and to refrain from appointing new members of the Market Committee. Petition allowed.