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 11-Tavarekere Constituency in Channagiri Taluk, 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, as per Section 106 of the Act, 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 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 provides for cessation of membership upon ceasing to be a member of the electorate, and this provision overrides the term of office under Section 106. The Court dismissed the writ petition, upholding the respondents' action.
Headnote
A) Agricultural Marketing - Cessation of Board Membership - Section 104 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 - The question 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. The Court answered in the affirmative, holding that Section 104 provides for cessation of membership upon ceasing to be a member of the electorate, and this overrides the term of office under Section 106. (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 Court answered the question in the affirmative, holding that cessation of membership of the electorate leads to cessation of Board membership under Section 104, overriding the term under Section 106.
Law Points
- Interpretation of Sections 101(1)(ii)
- 104
- and 106 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act
- 1966
- Cessation of membership of Board upon ceasing to be member of electorate
- Term of office under Section 106 subject to Section 104
Case Details
2015 LawText (KAR) (04) 30
Writ Petition No. 2155/2015 (APMC)
Sri Muralidhar B.N. for petitioner, Sri A.C.Balaraj for respondent 2
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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 issued by respondents.
Filing Reason
Petitioner claimed that he was elected as a member of the Board under Section 101(1)(ii) of the Act and that his term under Section 106 should continue till 2nd May 2016, but respondents issued letters indicating otherwise.
Issues
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.
Submissions/Arguments
Petitioner argued that his term as member of the Board continues till 2nd May 2016 as per Section 106 of the Act.
Respondents contended that the petitioner ceased to be a member of the electorate and therefore ceased to be a member of the Board under Section 104.
Ratio Decidendi
Section 104 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 provides that a member of the Board ceases to be a member if he ceases to be a member of the electorate from which he was elected. This provision overrides the term of office prescribed under Section 106 of the Act.
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, his term of office is till 2nd May 2016.
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 petition 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
