Karnataka High Court
K.B. Gurappa Gowda And Ors. vs State Of Karnataka And Ors. on 8 January, 2002
Equivalent citations: 2002(2)KARLJ66
ORDER Chandrashekaraiah, J.
1. The petitioners are all elected members of the Committee of management of Agricultural Produce Marketing Committee, Sakleshpur As per the list of events they were all declared elected by the Returning Officer on 6-4-1997. The results of the said election was published in the notification dated 11-4-1997. But for one reason or the other, the State Government did not constitute the Committee by calling the meeting. Ultimately, on the writ petition filed by some persons, the State Government directed the Tahsildar to take steps to constitute the Committee of elected members of the Market Committee. Pursuant to that the Committee was constituted on 30-4-1998. In view of this constitution the petitioners have filed this petition for a direction to issue notification to the effect that they are entitled to be the members for a period of five years from 30-4-1998, i.e., the date on which the committee was constituted.
2. Section 38 of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, provides the term of office of the member of the Market Committee as five years. Section 39 of the Act, provides for commencement of the term of office which reads as follows:
"39(1) The term of office of the Market Committee shall commence on the date immediately after the expiry of the outgoing members of the Market Committee or on the date of the publication of the names of the elected members under Section 27, whichever is later".
3. Under Section 27, the Deputy Commissioner, is required to publish the names of all the elected members by notification in the Official Gazette.
4. From a reading of Section 39, it is clear that the term of office commences on the date immediately after the expiry of the term of the office of the outgoing member of the Market Committee or on the date of publication of names of the elected members under Section 27, whichever is later. In the instant case, the term of office of the outgoing members expired much prior to the publication of the notification under Section 27. Therefore, the date of publication of the notification as required under Section 27 being later is the date to be taken for the purpose of commencement of the term of office. If that is so, the petitioners are entitled to be in office for the period of five years from the date on which the notification has been published, i.e., 11-4-1997. Therefore, no direction could be issued to the State Government to issue notification to the effect that the petitioners are entitled to hold office for a period of five years commencing from 30-4-1998, i.e., the date on which the Committee was constituted.
5. For the reasons stated above, writ petitions are rejected.