Agricultural Market Committees, Bapatla vs Gopalam Durga Prasad

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Headnote:AP (AGRICULTURAL, PRODUCE & LIVESTOCK) IVAAKETS ACT-levy of fees by a market committee the Constitution is which is declared to be unconstitutional-Not illegal-Doctrine of defacto applies to such levy
       Defacto doctrine-Applicability
       Held: The defacto doctrine is rooted in the principle that the orders passed or judgments pronounced by the authorities clothed with authority at the relevant time should no be disturbed in the interests of stability and continuity Though realized a point of time regarding the validity of appointment or otherwise the person or authority at the relevant time was functioning with the requisite sanction the defacto doctrine saves such acts Such authorities cannot be equated to mere usurpers or intruders as they functioned under the umbrella of lawful authority The orders passed by the authority holding the office and discharging the functions in such capacity cannot be impeached on the sole ground of infirmity in the validity of appointment and the erroneous orders or decisions can always be revised or corrected by the appropriate authorities If the orders are vulnerable it results is anarchy and the entire edifice will be in tremors The impact of defacto doctrine assumes relevance when the appointment is invalid and the ground upon which the Constitution of the Committee is invalid3ted is not germane
       SA Allowed

Agricultural Market Committees, Bapatla vs Gopalam Durga Prasad - 1986 Supreme(AP) 196