AVJINDER SINGH SIBIA Vs. PRAKASH SINGH BADAL

JUDGEMENT

(1.) THE petitioner was nominated during the term of the previous Government as a member of Market committee, Raikot (Ludhiana) on 16-2-2005 in exercise of powers under Section 12 of the Punjab Agricultural Produce Markets act, 1961 (for short 'the Act') and other powers vested in the Governor of Punjab. He also became the Chairman of the said Committee, however, he has ceased to continue in office with issuance of the Punjab Ordinance no. 2 of 2007 by the present Government, which was later translated in to an enactment, being the Punjab Act No. 5 of 2007 substituting Section 12-A of the Act, whereby all the market committees in the state of Punjab have been superseded. The petitioner has, hence, sought to challenge the provisions of the Punjab Act No. 5 of 2007, on the ground that the procedures laid down under Section 35 of the Act have not been followed. Section 12-A of the Act after amendment by Act No. 5 of 2007 reads as follows :

(2.) THUS, by amendment in the proviso to Punjab Act No. 5 of 2005 by the Act No. 5 of 2007, the period of three years has been substituted by a period of six months from the date of supersession. The other Section which also provides for supersession of Committees is Section 35 of the Act. The provisions of Section 35 of the Act read as under:

(3.) HEARD learned counsel for the parties and perused the records.