Case Note & Summary
The petitioner, Shiva Kumar S/o Siddanagowda Patil, was elected as a member of the Mundargi Agricultural Produce Market Committee (APMC) on 11.5.2011 and subsequently elected as its President for a term of 20 months, which expired on 10.1.2013. Under the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, the Karnataka State Agricultural Marketing Board is constituted at the State level, consisting of members elected from amongst the Chairmen of APMCs in each revenue district. The petitioner was elected as a member of the Board. However, after his term as President ended, the respondents (the Board and the State) prevented him from attending Board meetings. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution seeking a direction to permit him to attend the meeting scheduled on 03.07.2013 and all future meetings. The court examined the scheme of the Act and found that the petitioner's membership in the Board was directly linked to his position as Chairman of the APMC. Since his term as President had expired, he ceased to be a member of the Board. The court held that there was no provision allowing a past President to continue as a Board member. Accordingly, the petition was dismissed.
Headnote
A) Agricultural Marketing - Membership of State Marketing Board - Term of Office - Section 3 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 - The petitioner was elected as President of APMC, Mundargi for a term of 20 months which expired on 10.1.2013. He was also elected as a member of the Karnataka State Agricultural Marketing Board. The court held that the petitioner's membership in the Board was co-terminus with his term as Chairman of the APMC. Upon expiry of his term as President, he ceased to be a member of the Board and had no right to attend Board meetings. The petition was dismissed. (Paras 3-5)
Issue of Consideration
Whether the petitioner, whose term as President of the Agricultural Produce Market Committee had expired, could continue to be a member of the Karnataka State Agricultural Marketing Board and attend its meetings.
Final Decision
The writ petition is dismissed. The petitioner is not entitled to attend meetings of the Karnataka State Agricultural Marketing Board after the expiry of his term as President of APMC, Mundargi.
Law Points
- Interpretation of Section 3 of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act
- 1966
- Term of office of President of APMC
- Cessation of membership in State Marketing Board upon expiry of term as Chairman
- No right to attend Board meetings after term expires
