Satyeshwar Roy, J.-The petitioners who are traders under the Bihar Agricultural Produce Markets Act, 1960 (the Act) of Jamshedpur Market Area have filed this application for issuing a writ of quo-warranto calling upon the Sub-divisional Officer, Dhalbhum (respondent no. 4) to show under what authority he is holding the post and acting as Administrator of Jamshedpur Area Market Committee (hereinafter called 'the Market Committee' ) and for a mandamus directing the respondents to hold election in respect of the Market Committee.

2. In terms of section 9 of the Act, the Market Committee was constituted which is evidenced by the notification dated 17th February, 1984, a copy of which is Annexure-1 to this writ petition. Section 9 (5) of the Act provides that the term of the Market Committee shall be of three years and thereafter within a period of six months, election shall have to be held. If no election is held within six months after the expiry of that period the power and duties of a Market Committee shall be exercised by an officer appointed by the State Government. The election shall be held within six months after a person is so authorised by the State Government. It furt