Case Note & Summary
The petitioner, Sri H.M. Rajappa, was a member of the Karnataka State Agricultural Marketing Board elected under Section 101(1)(ii) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, representing the Davanagere district. He filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a declaration that he continues to be a member of the Board till 2nd May 2016, and to quash letters dated 29.12.2014 and 30.12.2014 issued by the respondents. The core legal issue was whether a person elected to the Board under Section 101(1)(ii) ceases to be a member if he ceases to be a member of the electorate of the revenue district concerned, in view of Section 104 of the Act. The court framed the question and answered it in the affirmative, holding that Section 104 clearly provides that a member shall cease to be a member if he ceases to be a member of the electorate. The court reasoned that the language of Section 104 is unambiguous and applies to all members, including those elected under Section 101(1)(ii). Consequently, the writ petition was dismissed.
Headnote
A) Agricultural Marketing - Cessation of Membership - Section 104 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 - The court considered whether a member of the State Marketing Board elected under Section 101(1)(ii) ceases to hold office upon ceasing to be a member of the electorate of the revenue district. The court held that Section 104 provides that a member shall cease to be a member if he ceases to be a member of the electorate, and this applies to all members including those elected under Section 101(1)(ii). The court answered the question in the affirmative and dismissed the writ petition. (Paras 1-3)
Issue of Consideration
Whether a person elected to the Karnataka State Agricultural Marketing Board under Section 101(1)(ii) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, ceases to be a member of the Board if he ceases to be a member of the electorate of the revenue district concerned, in view of Section 104 of the Act.
Final Decision
The writ petition is dismissed. The question is answered in the affirmative: a person elected to the Board under Section 101(1)(ii) ceases to be a member of the Board if he ceases to be a member of the electorate of the revenue district concerned, in view of Section 104 of the Act.
Law Points
- Interpretation of Sections 101
- 104
- and 106 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act
- 1966
- Cessation of membership of State Marketing Board upon ceasing to be a member of the electorate
- Literal interpretation of statutory provisions.
Case Details
2015 LawText (KAR) (03) 39
Writ Petition No. 2155/2015 (APMC)
Sri Muralidhar B.N. for petitioner, Sri A.C. Balaraj for respondent 2
State of Karnataka, Karnataka State Agricultural Marketing Board, and Assistant Director and Returning Officer
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging letters issued by respondents and seeking declaration of continued membership of the Karnataka State Agricultural Marketing Board.
Remedy Sought
Petitioner sought a declaration that he continues to be a member of the Board till 2nd May 2016, and to quash letters dated 29.12.2014 and 30.12.2014.
Filing Reason
Petitioner claimed that he continues to be a member of the Board as per Section 106 of the Act, despite ceasing to be a member of the electorate.
Issues
Whether a person elected to the Karnataka State Agricultural Marketing Board under Section 101(1)(ii) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, ceases to be a member of the Board if he ceases to be a member of the electorate of the revenue district concerned, in view of Section 104 of the Act.
Submissions/Arguments
Petitioner argued that he continues to be a member of the Board till 2nd May 2016 as per Section 106 of the Act.
Respondents contended that the petitioner ceased to be a member of the Board as he ceased to be a member of the electorate, invoking Section 104.
Ratio Decidendi
Section 104 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, provides that a member of the State Marketing Board shall cease to be a member if he ceases to be a member of the electorate. This provision applies to all members, including those elected under Section 101(1)(ii). The language of Section 104 is clear and unambiguous, and therefore, the petitioner ceased to be a member upon ceasing to be a member of the electorate.
Judgment Excerpts
If a person elected to the Karnataka State Agricultural Marketing Board as per Sec.101(1)(ii) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act 1966, ceases to be a member of the Electorate of the revenue district concerned, will he cease to be a member of the Board in view of Sec.104 of the Act? This is the question that needs to be answered in this writ petition. The question is answered in the affirmative.
In this writ petition, the petitioner has sought for a declaration that he continues to be a member of the Karnataka State Agricultural Marketing Board (‘the Board’) till 2nd May 2016, on the ground, that as per Sec.106 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, he continues to be a member.
Procedural History
The writ petition was filed under Articles 226 and 227 of the Constitution of India challenging letters dated 29.12.2014 and 30.12.2014. The matter came up for preliminary hearing before the High Court of Karnataka at Bengaluru on 27th March 2015, and the court made the order dismissing the petition.
Acts & Sections
- Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966: 101(1)(ii), 104, 106
- Constitution of India: 226, 227
