S.N.Jha, J.

1. This writ petition coming on reference by a learned Single Judge of this Court involves interpretation of sec. 9 (4)(i) of the Bihar Agriculture Produce Market Committee Act, 1960 (in short the Act). sec. 9 (4)(i) of the Act runs as under :

"An Officer, nominated by the State Government shall be the Chairman of the Market Committee for 2 terms or 6 years after the passing of this Act, thereafter, the State Government shall appoint the Chairman from amongst the members of the Market Committee."

2. The dispute relates to appointment of Chairman of the Agriculture Produce Market Committee, Motihari (hereinafter referred to as the Market Committee) and the precise question for consideration is whether the Sub-Divisional Officer can be appointed as Chairman of the third or the subsequent Market Committees. The present Market Committee i.e. Motihari Market Committee is the sixth one. The facts giving rise to the dispute are as follows.

3. The constitution of the sixth Market Committee was notified with the Sub-Divisional Officer (SDO), Mothihari as its Chairman on 22-10-2001. The notification was published in the official Gazette on 16-3-2002. On 17-9-2002 responde