M.V. Tamaskar, J. --1. The writ petitions raise common question regarding. validity of the amendment made to sections to, 56 and 57 of the Krishi Upaj Mandi Adhiniyam, 1973.

2. The State Government promulgated an Ordinance No.1 of 1994, published in M.P. Gazette (Extra-ordinary) dated 16th January, 1994, which is now replaced by Act No.8 of 1994, keeping the same provisions.

3. Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1973 (No. 24 of 1973) was enacted to provide for the better regulation of buying and selling of agricultural produce and the establishment and proper administration of markets for agricultural produce in the State of Madhya Pradesh. Under section 4 of the Adhiniyam a market is established. Market-area means the area for which a market is established under section 4. Market-Committee means' a committee constituted under section 11 of the Adhiniyam. Market Functionary includes various persons engaged in the business in the market area as defined in section 2 (j).

4. On the establishment of the market and the market-yard no sale of Agricultural produce can be made by any local authority outside the market-yard and within market area.

5. Section 7 speaks about constitution of first Market Committees; that is to 'say for every market area there shall be a Market Committee having the jurisdiction over the entire market area. Every Market Committee is a body corporate by the name specified for the market in the notification under section 4 and perpetual succession and common seal. Market Committee is incharge of the management of the market. Section 10 speaks about appointment of Officer in charge of committee, pending constitution of first market committee. This provides for appointment of either an officer-in-charge or a committee consisting of nor more than seven persons. The term of the committee is 4 years and six months and to the directly under the control of the Director of the Krishi Upaj MandL The Director is further vested with power to change officer-in-charge of the committee.

6. Section 11 speaks of the constitution of Market Committee. The committee consists of various constituencies such as agriculturalists, traders, market function arise and government representatives, Member of Legislative Assembly and the Secretary of the Committee, ete. The term of the committee elected is 6 years.

7. The agriculturist representatives a re to be elected from among the Panchas of Gram Panchayats; Chairman and Vice-Chairman of the Agricultural Service Co-operative Societies in the constituency who are agriculturists. The representatives of the weighment and hammlas are to be elected by the market functionaries.

8. Section 11, sub-section (5) states that term of the committee shall be 6 years as substituted by Act No. 6/1985. Sub-section (6) states that if within the period mentioned in sub-section (5), the market committee is not newly constituted the market committee shall, on expiry of Such period, be deemed to have been dissolved.

9. On dissolution of the market-committee the provisions of sections 56 & 57 apply; under section 56 (3), (4) & (5) on supersession of a market committee the director has been given power to appoint a person to be called the officer-incharge; or a committee consisting of not more than seven persons, to be constituted in the manner prescribed, to be called the committee-in-charge, to carry out the functions and exercise the powers of the market-committee. The Director has been further given power to replace the committee and appoint an officer-in-charge and vice versa. Sub-sections (4) & (5) also speak of the same proposition. Under sub-section (7) of section 56 the officer-in-charge or committee-in-charge ceases to function on the date appointed for the first general meeting of the market committee. Under section 57 when a market committee is dissolved all the members as well as Chairman and Vice-Chairman shall be deemed to have vacated their offices. Under section 57 (b) all powers and du