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HIGH COURT OF PATNA
Nagendra Rai, J.
Kalika Prasad Roy - Petitioner
Vs
The State of Bihar & Ors. - Respondents
C.W.J.C. No. 4805 of 1995
Decided on: 21.9.1995
Bihar Agriculture Produce Markets Act, 1960 - Section 10: Disqualification of members - The section provides for the disqualification of persons from being elected or appointed as a member of the Market Committee, including government servants. Bihar Agriculture Produce Markets Rules, 1975 - Rule 6: Bar to election or appointment of certain persons to Market Committee - The rule prohibits the election or appointment of certain persons, including government servants, as members representing the agriculturists constituency of the Market Committee. Bihar Government Servant's Conduct Rules - Rule 6(4): Prohibition on government servants from interfering in elections - The rule prohibits government servants from canvassing, interfering with, or using their influence in connection with an election to any legislature or local authority. Rule 16(3): Prohibition on government servants from participating in certain activities - The rule prohibits government servants from participating in the registration, promotion, or management of certain entities, including banks, companies, and co-operative societies, without the previous sanction of the government.
Fact of the Case:
The petitioner, a government servant, filed an application to quash the orders of suspension and initiation of departmental proceedings against him for breach of rules. He had filed nomination papers for election as a member of the Agriculture Constituency of the Market Committee, which was accepted. The petitioner argued that the rules did not debar government servants from contesting the election. The only question for determination was whether the petitioner's action amounted to a breach of the rules.
Finding of the Court:
The court analyzed the relevant provisions of the Bihar Agriculture Produce Markets Act, 1960 and the Bihar Agriculture Produce Markets Rules, 1975. It concluded that the petitioner, as a government servant, was subject to the rules and that his action in filing the nomination paper did violate the rules. The court also considered whether the Market Committee constituted under the Act was a local authority, and held that it was. Therefore, the petitioner's participation in the election of the Market Committee violated Rule 6(4) of the Rules.
Ratio Decidendi: The court held that the petitioner's action in filing the nomination paper for election to the Market Committee constituted a breach of Rule 6(4) of the Bihar Government Servant's Conduct Rules.
Result: The court dismissed the application, but stated that if the petitioner resigned from the membership of the Market Committee within two months, the authority would consider dropping the departmental proceedings against him. The court also directed that teachers who were members of the Market Committee should be asked to resign, and action should be taken against them if they failed to do so.
Nagendra Rai, J. - Heard the parties.
2. The application is being disposed of at the stage of admission itself.
3. The petitioner has filed the present application for quashing the orders of suspension as well as initiation of the departmental proceeding against him for breach of rules 6 (4) and 16 (iii) of the Bihar Government Servant's Conduct Rules, 1976 (hereinafter referred to as the Rules). A copy of the suspension order and the memo of charge served upon the petitioner have been annexed as Annexures 1 & 2 respectively.
4. The petitioner at the relevant time was Assistant Teacher in Janta High School, Tenuaj, district Rohtas at Sasaram. According to the petitioner he is an agriculturist and he has especial interest in the same. He filed nomination papers for election as member from the Agriculture Constituency of Natwar Agriculture Produce Market Committee on 7th June, 1994 which was accepted as valid. According to him the market committee is not a political organisation and it is a committee constituted under the Bihar Agriculture Produce Markets Act, 1960 (hereinafter referred to as the Act). Section 10 of the Act contains provision regarding disqualification of the member of the committee and similarly Rule 6 of the Bihar Agriculture Produce Markets Rules, 1975 (hereinafter referred to as the Market Rules) contains a provision with regard to bar to election or appointment of certain persons to market committee. Even under the Act and the rules no where it is stated that the Assistant Teacher of Nationalised High School is debarred from contesting the election. It is also stated that the petitioner was twice elected from the Agriculture Constituency in 1983-89 and he was also elected as Vice Chairman of the said market committee. At no point of time it was stated that participation of the petitioner in the election is violation of the provision of the Rules.
5. The only question for determination is as to whether the petitioner's action in filing the nomination paper for being elected from the Agriculture Constituency of the Market Committee amounts to breach of the provision contained in Rule-6 (4) and 16 (3) of the Rules.
6. Section 10 of the Act provides disqualification of members which runs as follows:
No person shall be eligible for election or appointment as a member of the Market Committee-
(a) who is less than 18 years of age;
(b) who is of unsound mind;
(c) who is an employee of the Market Committee;
(d) who has applied for being adjudged an insolvent or is an undischarged insolvent;
(e) who has been convicted for an offence –
(i) under this Act or the Essential Commodities Act, 1955 or
(ii) involving moral turpitude which in the opinion of the State Govt. makes him unfit to be elected or appointed as a member of the Market Committee; or
(f) who has directly or indirectly any share or interest in any contract with, by or on behalf of the Market Committee.
7. Rule-6 of the Market Rules bars to election or appointment of certain persons to Market Committee. It is provided therein that a person shall not be elected or appointed as a member representing the agriculturists constituency, if he does not ordinarily reside in the market area or possesses a trader licence, or has interest in joint family firm or a firm which has a trader licence.
8. A bare perusal of the aforesaid provision shows that if the Government Servant is residing in an Agriculture Constituency and fulfils all other requirements to become member from the Agriculture Constituency of the Market Committee under the Act then he is not debarred from contesting the election on the ground that he is a Government Servant because no where the said provision debars the Government Servants to participate in election. It debars only the employee of the market committee from contesting election or appointment as member of the market committee. Thus, the Act and the Market Rules do not debar the petitioner from contesting the election.
9. The petitioner is an, Assist
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