DHRUB NARAYAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Agriculture Produce Market Committee, Musallahpur was last (for the fifth time) constituted when in terms of Section 13 of Bihar Agricultural Produce Markets Act, 1960 notification, dated 4-2-1999, containing the names of its Chairman and members were published in the official gazettee, dated 6-4-1999. The term of office of its members, including the Chairman, therefore, came to an end on expiry of three years (6-4-2002) from the date of publication in the official gazette and the extended period of six months, as provided under Section 9(5) of the Act, also came to an end on 6-10-2002. However, the petitioner who was elected as Vice-Chairman of the Committee insists that the Committee must be deemed to continue in existence till the expiry of the period of three years from the date of his election was Vice-Chairman of the Committee and this writ petition has been filed praying for a declaration by this Court accordingly.

(2.) The facts of this case are simple and without controversy. As noted above the Fifth Agricultural Produce Market Committee, Musallahpur was constituted on 6-4-1999 when notification containing the names of its Chairman and members was published in the official gazette. It, however, appears that the committee could hold its first meeting only on 23-7-2002 when the petitioner was elected uncontested as its Vice-Chairman. It is the case of the petitioner that the period of three years during which he would hold the office must be reckoned from the date of the election and the Committee must, therefore, be deemed to be in existence till, the period of three years from 23-7-2002 is completed.

(3.) Section 13 of the Act provides for publication of the names of the Chairman and members of the Committee in the official Gazette. Other relevant provision is contained in Sub-section 5 of Section 9 which is reproduced below :