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2012 Supreme(Raj) 83
[Citation : 2012(3) RLW 2408 (Raj.)]
(Rajasthan High Court)
Arjun Lal Vs. State of Rajasthan & Ors. (Lodha, J.)
HON'BLE SANGEET LODHA, J.
Arjun Lal
Versus
State of Rajasthan & Ors.
S.B. Civil Writ Petition Nos. 9121 & 9122 of 2011, decided on 13.01.2012
J.R. Patel, for Petitioners;
Anand Purohit, Additional Advocate General assisted by Pradhuman Singh, for State;
R.S. Choudhary, for Respondent No.5;
M.S. Singhvi, Senior Advocate assisted by Hemant Dutt, for Intervenor-Gairi Devi;
S.G. Ojha, for Intervenor-Smt. Kirti Singh
Headnote:Rajasthan Agriculture Produce Market Act, 1961, Sec. 7(1)(a)(iv) and 7(1)(b)(vi); Agriculture Produce Market Rules, 1963, Rule 4 — Constitution of Market Committees — Nomination of an MLA as member of the Market Committee who is not an elector of any of the assembly constituency which comprise the market area of the market committee — Whether disqualified — Held — In terms of provisions of Sec. 7(1)(a)(iv) and 7(1)(b)(vi) of the Act, the State Govt. is empowered to nominate any of the MLAs as member of any of the market committees — The provisions donot suggest that MLA to be nominated as member of Marketing Committee must be one amongst the M.L.A.s representing the Assembly constituency which comprise wholly or partly the market area of Market Committee concerned — Provisions are clear, plain and unambiguous, the question of their interpretation does not arise.
Writ petitions dismissed. (Paras 28 to 34)
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2. By way of writ petition No.9121/2011, the petitioner-Arjun Lal who is Member of Legislative Assembly (MLA) representing Bilara Assembly Constituency, District Jodhpur has assailed the validity of notifications dated 19.9.2011 issued by the State Government nominating the respondent No.5-Om Joshi, MLA representing Phalodi Assembly Constituency, as member of Krishi Upaj Mandi Samiti (KUMS) (Fruit & Vegetable) Mandore Road, Jodhpur and KUMS, Bilara. Similarly, by way of writ petition No.9122/2011, the petitioner-Kamsa Meghwal, MLA representing Bhopalgarh Assembly Constituency has assailed validity of notification dated 19.9.2011 issued by the State Government nominating Malkhana Singh Bishnoi, MLA representing Luni Legislative Constituency as member of KUMS, Pipar City, District Jodhpur.
3. To provide a better regulation of buying and selling f agriculture produce and the establishment of market for agricultural produce in the State of Rajasthan, the State Legislature enacted the Act namely Rajasthan Agriculture Produce Market Act, 1961 (in short "the Act"). The need of said enactment was felt for the reason that agriculturists being generally illiterate and ignorant about the prevailing prices of their produce in the market were being exploited by the middle men and profiteers.
4. The procedure for Constitution of the Markets, Declaration of Market area and Division of the Market into yards is governed by the provisions contained in Chapter II of the Act. Chapter III of the Act deals with classification of Market area, Establishment and Constitution of the Market Committees so also the Function and Duties of a Market committee.
5. As per Section 6 of the Act, the State Government may classify the market areas into Super class, A class, B class, C class and D class market areas on the basis of the criteria as may be prescribed and shall establish a market committee for every such market area.
6. The State Government vide various notifications issued while declaring the market areas throughout the State of Rajasthan in conformity with he provisions of Section 3 and 4 of the Act classified them in different categories.
7. Pursuant to the various notifications issued by the State Government, the market areas with which we are concerned in the present writ petitions namely, the KUMS (Anaj), Jodhpur, KUMS (Fruit & Vegetable), Jodhpur, KUMS, Bilara and KUMS, Pipar City were declared as Super class, A class, C class and D class market areas respectively.
8. As per provisions of Section 7 of the Act, the market committees of every Super class and A class market area to be constituted shall consist of 17 members and every B, C & D class market committees shall consist of 11 members. The members constituting the market committee includes elected as well as nominated members. As per Section 7(1)(a)(iv) and Section 7(1)(b)(vi) of the Act out of 17 members in case of Super class and A class market committee and out of 11 members in case of B, C & D class market committee, one shall be the member of the Legislative Assembly as nominated by the State Government.
9. In exercise of the power conferred u/Sec. 7(1)(a)(iv) and 7(1)(d)(vi) of he Act, the State Government while constituting the market committees of KUMS (Food & Vegetable), Jodhpur and KUMS, Bilara vide separate notification dated 19.9.2011 (annexed with he Writ Petition No.9121/2011 and collectively marked as Annexure 8) nominated Shri Om Joshi, MLA representing Phalodi Assembly Constituency as member of the said market committees. Similarly, vide notifications dated 19.9.2011 (Annex.8) issued con-stituting the market committees of KUMS, Pipar City, Shri Malkhan Singh, MLA representing Luni Assembly Constituency has been nominated as Member.
10. T
