JAMUNA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition the petitioner seeks quashing of the orders dated 1 -8 -1988 and 18 -8 -1988 contained in Annexures 5 and 6 respectively passed by the Chairman, Bihar State Agricultural Marketing Board (hereinafter referred to as the 'Board') setting aside the election of the petitioner as Vice Chairman of the Agricultural Produce Market Samiti, Patna City, purported exercise of the power conferred under Rule 49(xi) of the Bihar Agricultural Produce Markets Rules, 1975 (hereinafter referred to as 'the Rules').

(2.) The submission of the learned Counsel for the petitioner is ; the Chairman of the Board illegally entertained the dispute, which was raised after the declaration and publication of the result under Form XVI in accordance with Rule 49(ix) of the Rules. Whereas the contention of the respondent Nos. 4 and 5 is meaningful adjudication take place only after declaration of election result.

(3.) The Patna City Market Committee comprises 12 elected members, 3 nominated members and 2 ex -officio members with the Subdivisional Officer, Patna City, as the Chairman. The Assistant Director, Agricultural Marketing Board, Patna Circle, was authorised to call the first meeting of the newly constituted Committee to elect its Vice Chairman and pursuant thereto notices were issued to a11 the members intimating the proposed meeting and the election of Vice -Chairman of the Board on 30 -7 -1988, as would be apparent from Annexure 2. On 30 -7 -1988 the meeting was held as also the election which was participated by 16 members present. There were two contestants for the post of Vice Chairman, namely, the petitioner and respondent No. 5. It appears that out of 16 polled ballots, i5 valid votes were found and after counting the ballots the Returning Officer declared the petitioner elected having secured 8 valid votes. The result was declared and published as required under Rule 49(ix).