Case Note & Summary
The petitioner, H M Rajappa, was elected as a member of the Agricultural Produce Marketing Committee (APMC), Channagiri, on 01.05.2011 and subsequently elected as its President on 01.02.2013. Some members submitted a requisition for a no-confidence motion against the President and Vice-President. A meeting was convened on 07.11.2013 to consider the motion. Out of 17 elected members eligible to vote, all 17 were present. 11 members voted in favour of the motion, while 6 voted against. The APMC accepted the motion as passed. The petitioner challenged this decision, arguing that under Section 44(2) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966, the motion required support of not less than two-thirds of all the then members, which he contended meant two-thirds of the total membership (i.e., 12 out of 17). The court examined the provision and noted that the phrase 'all the then members' must be construed in the context of a meeting specially convened for the purpose. The court held that the expression refers to the members present and voting at the meeting, as the motion is decided by those who attend and vote. Since 11 out of 17 members present voted in favour, that constituted two-thirds of the members present and voting. The court found that the motion was validly carried and dismissed the writ petition.
Headnote
A) Interpretation of Statutes - No-Confidence Motion - Section 44(2) of Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 - The phrase 'not less than two third of all the then members' in Section 44(2) of the Act is interpreted to mean two-thirds of the members present and voting at the meeting, not two-thirds of the total membership of the committee. The court held that the expression 'all the then members' refers to the members present and voting at the meeting, as the motion is decided by those who attend and vote. (Paras 3-5) B) Agricultural Marketing - Removal of Chairman - Section 44(2) of Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 - In a no-confidence motion against the Chairman, out of 17 total members, 11 voted in favour and 6 against. The court held that 11 votes constituted two-thirds of the members present and voting (17), thus satisfying the requirement. The motion was validly carried. (Paras 4-5)
Issue of Consideration
Whether the requirement of 'not less than two third of all the then members' under Section 44(2) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 means two-thirds of the total number of members of the market committee or two-thirds of the members present and voting at the meeting.
Final Decision
The writ petition is dismissed. The no-confidence motion against the petitioner was validly carried as 11 votes in favour constituted two-thirds of the members present and voting (17).
Law Points
- Interpretation of 'not less than two third of all the then members' in Section 44(2) of Karnataka Agricultural Produce Marketing (Regulation and Development) Act
- 1966
- No-confidence motion against Chairman/Vice-Chairman
- Majority required for removal
- Meaning of 'all the then members'
