Case Note & Summary
The petitioners, Sri C.N.Thimmegowda and Sri P.G.Prabhu Prasad, filed two writ petitions challenging a letter dated 31.8.2015 issued by the Director of Agricultural Marketing (Respondent No.1) addressed to the Deputy Commissioner (Respondent No.2). The letter stated that the procedure contemplated under Rules 8 to 18, 35 and 41 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Rules, 1968 need not be followed when electing a representative from the Agricultural Co-operative Processing Society constituency to the Agricultural Produce Market Committee (APMC), Gubbi. The petitioners sought quashing of the letter and a declaration that the said rules must be followed. The High Court of Karnataka at Bengaluru, presided over by Justice H.G.Ramesh, heard the matter. The court observed that the Director of Agricultural Marketing has no authority to exempt the application of statutory rules by issuing an executive letter. The rules prescribe a detailed procedure for election of representatives to the APMC, and the Director's letter effectively bypassed that procedure. The court allowed the writ petitions, quashed the impugned letter dated 31.8.2015, and directed that the election of the representative from the Agricultural Co-operative Processing Society constituency to the APMC, Gubbi shall be held strictly in accordance with the procedure prescribed under Rules 8 to 18, 35 and 41 of the said Rules.
Headnote
A) Agricultural Marketing - Election Procedure - Statutory Compliance - Karnataka Agricultural Produce Marketing (Regulation and Development) Rules, 1968, Rules 8 to 18, 35, 41 - The Director of Agricultural Marketing issued a letter stating that the procedure under Rules 8 to 18, 35 and 41 need not be followed for electing a representative from the Agricultural Co-operative Processing Society constituency to the APMC, Gubbi. The High Court held that the Director has no power to exempt the statutory rules and quashed the letter, directing that elections be held in accordance with the Rules. (Paras 1-4)
Issue of Consideration
Whether the Director of Agricultural Marketing can issue a letter exempting the procedure under Rules 8 to 18, 35 and 41 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Rules, 1968 for election of a representative from the Agricultural Co-operative Processing Society constituency to the Agricultural Produce Market Committee.
Final Decision
The writ petitions are allowed. The impugned letter dated 31.8.2015 issued by the Director of Agricultural Marketing is quashed. The election of the representative from the Agricultural Co-operative Processing Society constituency to the Agricultural Produce Market Committee, Gubbi shall be held strictly in accordance with the procedure prescribed under Rules 8 to 18, 35 and 41 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Rules, 1968.
Law Points
- Election procedure under APMC Rules must be strictly followed
- Director cannot exempt statutory rules by executive letter
