NAND LAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition coming on reference by a learned Single Judge of this Court involves interpretation of Section 9 (4)(i) of the Bihar Agriculture Produce Market Committee Act, 1960 (in short 'the Act'). Section 9 (4)(i) of the Act runs as under :

(2.) The dispute relates to appointment of Chairman of the Agriculture Produce Market Committee, Motihari (hereinafter referred to as 'the Market Committee') and the precise question for consideration is whether the Sub-Divisional Officer can be appointed as Chairman of the third or the subsequent Market Committees. The present Market Committee i.e. Motihari Market Committee is the sixth one. The facts giving rise to the dispute are as follows.

(3.) The constitution of the sixth Market Committee was notified with the Sub-Divisional Officer (SDO), Mothihari as its Chairman on 22-10-2001. The notification was published in the official Gazette on 16-3-2002. On 17-9-2002 respondent No. 5, Suresh Prasad Yadav, was appointed as the Chairman and to this extent the constitution of the Market Committee under notification dated 22-10-2002 was modified. The notification stated that the SDO, Motihari shall continue as ex-officio member of the Market Committee. The said notification, dated 17-9-2002, was published in the official gazette on 1-10-2002.