RAM PRASAD DUBEY Vs. BIHAR STATE AGRICULTURAL PRODUCE

JUDGEMENT

(1.) The petitioner, a candidate declared elected as a member of Market Committee. Arrah from Constituency No. 5 of the agriculturists has moved this Court under Articles 226 and 227 of the Constitution against the order of the Director, Marketing, Bihar State Agricultural Produce Marketing Board (respondent No. 2) dated 14-3-1983 declaring the nomination paper of the respondent No. 4 for the said constituency valid. The nomination paper of the respondent No. 4 was found invalid by the Election Officer-cum-Deputy Collector. Land Reforms, Arrah (respondent No. 3) and accordingly rejected on 26-2-1983. The respondent No. 4 preferred an appeal before the respondent No. 2. His appeal was allowed by the Director (respondent No. 2) on 14-3-1981. In the meanwhile on 7-3-1983 the petitioner being the only candidate left in the field, had been declared elected. In view of the order of the Director (respondent No. 2) dated 14-3-1983, the Marketing Secretary (H. Q.) of the Board issued memo No. 672 dated 21-3-19-aa stating that the election on contest would be held afresh in the agriculturists constituency No. 5. The petitioner has questioned the validity of this order as well. The order of Director dated 14-3-1983 is Annexure 2 to the writ application. Memo No. 672 dated 21-3-1983 is Annexure 4 thereof.

(2.) Only a few facts need to be stated. The Election Officer-cum-Deputy Collector, Land Reforms, Arrah (respondent No. 3) notified the programme of election in different constituencies of the agriculturists of the Arrah Market Committee. Four persons, the petitioner, respondent No. 4 and Jagdish Singh and Ramkumar Lal filed their nomination papers on the date fixed for the said purpose in constituency No. 5 of the agriculturists. The nomination papers of these candidates were scrutinised by the respondent No. 3 on 26-2-1983. He rejected the nomination paper of the respondent No, 4 on the ground that his proposer was not a voter of the constituency No. 5. Jagdish Singh and Ram-kumar Lal withdrew their candidatures on 2-3-1983, that is to say the date fixed for the said purpose. The respondent No. 4 filed an appeal before the Director, Marketing Board (respondent No. 2) on 2-3-1983. Although the appeal filed by the respondent No. 4 was entertained, no order staying further proceedings of the election in constituency No. 5 of the agriculturists was made by the respondent No. 2. The respondent No. 3 declared the petitioner elected uncontested on 7-3-1983. Notices were issued to the parties concerned by the respondent No. 2 including the petitioner and the Election Officer-cum-Deputy Collector, Land Reforms. The appeal was heard and as it appears from the order of the Director (respondent No. 2) dated 14-3-1983, learned counsel appearing for the appellant (respondent No. 4) and the Election Officer (respondent No. 5) were heard. The respondent No. 2 found that the name of proposer of the respondent No. 4 was included in the voters' list of the constituency and accordingly declared that his nomination paper was valid. As a consequence of the order of the respondent No. 2 the respondent No. 4 also became a candidate duly nominated and thus election on contest was required to be held. The Secretary of the Board accordingly issued memo No. 672 dated 21-3-1983 stating that election on contest would be held in the petitioner's constituency.

(3.) Before prospecting into the contentions of the parties I propose to take a bird's-eye view of the relevant provisions of law. The legislature of Bihar enacted the Bihar Agricultural Produce Markets Act, 1960 (hereinafter referred to as "the Act") with a view to provide better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the State of Bihar. Chapter II of the Act contains provision as to the constitution of markets and market committees. Section 4 thereof empowers the State Government to declare a market area in the manner prescribed therein. Section 6 lays down that for every market area the State Government shall, by notification, establish a Market Committee. Section 8 provides for constitution of first market committee and Section 9 for the constitution of the second and subsequent market committees. These provisions have undergone several amendments. Section 9 as amended by Act, 60 of 1982 in Sub-section (i) contains provisions for election in the prescribed manner of seven representatives of agriculturists from seven constituencies created for the said purpose.