The court established that mala fides in making a law or issuing an Ordinance could not render the law unconstitutional.

( 1 ) KARNATAKA Ordinance No. 3/1997 by which S. 11 of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1996 stood amended (hereinafter referred to as the 'act') was challenged by the respondents in Writ Petition Nos. 15380 and 15982 of 1997. The Ordinance was alleged to be discriminatory and violative of Art. 14 of the Constitution of India. It was contended that satisfaction as contemplated under Art. 213 of the Constitution of India was not indicated while issuing Ordinance. There did not exist any immediate necessity warranting issuance of Ordinance particularly after the election process of the Market Committees was over and the results had been declared. The proposed amendment was alleged to be conferring powers upon the executive which would give scope to exploitation of farmers and agriculturists. The action of the State Government was alleged to be mala fide intending to take over the control of the constitution of the Committees. The impugned Ordinance was alleged to have been promulgated with the object of upsetting the democratic verdict given by the agriculturists in the APMC elections. The impugned Ordinance was further alleged to be intended to take away the right of the elected members of the Committees to choose their Chairman and Vice-Chairman and was likely to defeat the object of the Act. The Ordinance was also stated to be politically motivated. The writ petitions were allowed by the learned single Judge vide the orders impugned in these appeals mainly on the ground of the Ordinance being the result of mala fides as was allegedly evident from the time chosen for its promulgation. The learned single Judge held that : Reported in AIR 1998 Kant 91. "having dealt with the aspect of timing of the action, there is little doubt in my mind that it was hopelessly ill-timed and furthermore, the challenge on the ground of mala fides will also have to be upheld. "regarding mala fides, the learned single Judge held that :"to this extent, therefore, it is extremely important that in the cases where an Ordinance is challenged particularly on the ground of mala fides or on grounds of vires, that a Court must examine it and perhaps with a higher degree of meticulousness than it would in the case of any other enactment. History has shown that there have been scores of instances when Ordinances have contained hurriedly drafted out provisions, several of them have turned out to be draconian, which have been promulgated overnight and in this background, the scrutiny of an Ordinance is something which a Court must undertake with a higher degree of care and caution. "the learned Judge further held that :"that the challenge to the action on the ground of mala fides is well founded in so far as it totally and completely subverts the electoral process whereby the APMCs are required to be constituted by elected representatives and not nominated persons and furthermore, that having regard to the principles enunciated by the Courts from time to time and in particular, the law as laid down in Roy's case, Wadhwa's case and Bommaih's case, that the action runs contrary to the democratic process and to the extent that on the present set of facts it virtually nullifies the effect of the elections, that it would have to be held that it has resulted in a sabotage of the democratic process. "

( 2 ) DURING the course of the arguments, it was conceded before us that the Ordinance stood lapsed on the count of passage of time as no Bill was presented in the Assembly within the statutory period. The arguments of the learned counsel were confined to academic issues only. The learned Advocate General vehemently submitted that the Ordinance, being a law, within the meaning of Art. 367 r/w. Art. 12 of the Constitution of India, could not be quashed on the ground of mala fides. In support of his submissions, he has relied upon the various Judgments of the Apex Court and of this Court.

( 3 ) IN R. K. Garg v. Union of India,