ANIL KR SANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 25th August 2004 passed by the learned single judge in CWJC. No. 6839 of 2004 whereby he has dismissed the writ application filed by the petitioner -appellant challenging the order passed by the Secretary, Agricultural Produce Market Committee, Bhagalpur (respondent no. 5) declaring that petitioner -appellant shall be ceased to be a voter of the traders ' constituency no. 2 and, accordingly, shall be ceased to be a Chairman of the Market Committee.

(2.) THE facts which are not in dispute are that the appellant is enrolled as an advocate and he is no where connected with the firm known as M/s Lalji Sah Bishun Prasad (respondent no.6 ) as a partner or anybody. According to the provision of the Bihar Agricultural Produce Markets Act 1960, it has been enacted to provide for the better regulation of buying and selling of Agricultural Produce and the Establishment of Markets for Agricultural Produce in the State of Bihar and for matters connected therewith. Section 9 of the Act contains a provision with regard to constitution of the second and subsequent Market Committee and sub -section (ii) provides for electing two representatives of the licensed traders under this Act in the manner prescribed. Rule 4 of the Bihar Agricultural Produce Markets Rules 1975 deals with persons qualified to vote. Sub rule (ii) of Rule 4 contains a provision with regard to trader 'sconstituency, which runs thus:

(3.) THUS , conjoint reading of the aforesaid provisions show that two representatives of the traders ' constituency have to be elected. In case of a firm a right has been given to it to nominate a person to vote. In the present case, the appellant is stated to be an enrolled advocate and after being authorized by the firm M/s Lalji Sah, Bishun Prasad to vote on its behalf in terms of the provision contained under rule 4 (ii) and Explanation (1), his name was included in the voter list and thereafter he was nominated as a Chairman.