RAJ NANDAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties. This writ petition has been preferred with the prayer to quash letter no. 1478, dt. 15.3.2001 (Annexure 4), issued under the signature of the Director, Marketing (Election), Bihar State Agriculture Produce Marketing Board (respondent no. 6) whereby he has held that the period of the Agriculture Produce Market Committee, Samastipur, (hereinafter referred to as 'the Committee ') shall commence in terms of section 9(5) of the Bihar Agricultural Produce Market Act, 1960 (hereinafter referred to as the Act) on 30.9.97, overruling the petitioner 'scontention that the same ought to commence on 15.7.98.

(2.) ELECTION to the Committee took place on 1.12.96 in terms of Section 9(5) of the Act.The petitioner was also elected a member of the Committee and has thereafter been elected as the Vice Chairman. The list of elected members was notified in the official gazette in terms of Section 13 of the Act on 30.9.97 (Annexure 1). A corrigendum was issued publishing in the Gazette dt. 15.7.98 (Annexure 2) making two corrections in the said gazette notification dt. 30.9.97 (Annexure 2). By the corrigendum description of two members occurring in the notification marked Annexure 1 was corrected. Details of the correction will be indicated at an appropriate stage.

(3.) WHILE assailing the validity of the impugned order, learned counsel for the petitioner submits that in view of the provisions of Section 24 of the Bihar & Orissa General Clauses Act, 1917 (hereinafter referred to as '1917 Act ') the notification dt. 15.7.98 (Annexure 2) cannot operate retrospectively. It has to operate prospectively. If that be the position, in his submission, the Committee shall be deemed to have been validly constituted on 15.7.98. He relies on the judgment of the Supreme Court reported in 1994 Supp. (2) SCC 116 (Para -16) (Kazi Lhendup Dorji V/s. Central Bureau of Investigation), as well as the judgment of a learned Single Judge of the Delhi High Court, reported in AIR 1977 Delhi 184 (Mohd. Swallehin & Ors. V/s. Lieutenant Governor, Delhi & Ors.).