Section 41 in Karnataka Agricultural Produce Marketing Act 1966
41. Election of Chairman and Vice-Chairman.
(1)Subject to the provisions of sub-sections (2) and (3) every market committee shall choose two members representing the agriculturists' constituencies of the market committee to be respectively the Chairman and Vice- Chairman thereof and so often as the office of the Chairman or the Vice Chairman becomes vacant by death resignation removal or otherwise the market committee shall choose another member to be the Chairman or the Vice-Chairman as the case may be in accordance with the provisions of this Act and the rules.(2)[ [Within fifteen days from the date of] [Sub-sections (2) (2A) (2B) and (2C) have been substituted by Act 47 of 1976 w.e.f. 22.6.1976] the constitution of a market committee under section 11or on its reconstitution a meeting thereof shall be called by the prescribed officer who shall himself preside over the meeting but shall have no right to vote. At such meeting a member representing an agriculturists' constituency shall first be elected as the Chairman and thereafter another member representing another agriculturists' constituency shall be elected as Vice-Chairman in the manner hereinafter provided.(2A)At the meeting,-(a)candidates for the office of the Chairman [or as the case may be the Vice-Chairman] [Inserted by Act 16 of 1991 w.e.f. 1.8.1991] shall be proposed by one member and seconded by another. The names of all members proposed and seconded shall be read out by the Presiding Officer;(b)if any of the candidates desires to withdraw he may do so in writing. The names of the contesting candidates shall then be read out by the Presiding Officer;(c)if there is only one candidate he shall be declared to have been elected as the Chairman [or as the case may be the Vice- Chairman] [Inserted by Act 16 of 1991 w.e.f. 1.8.1991]. If there are two or more candidates votes of the members present at the meeting shall be taken by ballot and the candidate securing the highest number of votes shall be declared to have been elected as the Chairman [or as the case may be the Vice-Chairman] [Inserted by Act 16 of 1991 w.e.f. 1.8.1991];(d)in case of equality of votes the result shall be decided by drawing lots.(2B)[ x x x] [Omitted by Act 16 of 1991 w.e.f. 1.8.1991](2C)If for any reason the Chairman or the Vice-Chairman is not elected at the meeting referred to in sub-section (2) such election shall be held at an adjourned meeting by the [prescribed officer for the election of Chairman and Vice-Chairmen and after following the procedure laid down in subsection (2A)] [Inserted by Act 16 of 1991 w.e.f. 1.8.1991],-(i)[ x x x [Omitted by Act 16 of 1991 w.e.f. 1.8.1991](ii)x x x]](3)Where a Chairman [or the Vice- Chairman] [Inserted by Act 16 of 1991 w.e.f. 1.8.1991] has to be elected on account of the vacancy occuring in the office of the Chairman [or the Vice- Chairman] [Inserted by Act 16 of 1991 w.e.f. 1.8.1991] the meeting for such election shall be convened by the prescribed officer and the election held in the manner specified in subsection (2).(4)Any dispute relating to the validity of the election of the Chairman or the Vice- Chairman under sub-section (1) (2) or (3) shall be decided by the District Judge having jurisdiction over the area in which the office of the market committee is located in accordance with such rules as may be prescribed. The decision of the District Judge in that behalf shall be final and no suit or other proceedings shall lie in any civil court in respect of any such decision.
