( 1. ) BY this petition under Article 226 of the Constitution, the constitutional validity of the Madhya Pradesh Krishi Upaj Mandi [tritiya sanshodhan Adhyadesh, 1977 (M. P. Ordinance Mo. 9 of 1977) herein-after called the ordinance] has been challenged. This Bench was, therefore, constituted under Article 228-A of the Constitution.

( 2. ) BY this Ordinance, section 11 of the M. P. Krishi Upaj Mandi adhiniyam, 1972, (hereinafter called the act) has been amended. The only ground of challenge is that whereas the Act was enacted after obtaining the assent of the President, the Ordinance has been promulgated without the assent of the President.

( 3. ) THE Act provides inter alia for establishment of markets and Constitution of market committees. The petitioners case is that Mandi Committees throughout the State of Madhya Pradesh were established and incorporated under this Act. The Mandi Committee, Jora (District Morena) (Krishi Upaj mandi Committee, Jora) is one of such committees. In the month of December 1975, under the provisions of the Act election to the Mandi Committee was held on January 18, 1976. The petitioner was elected Chairman. The tenure of office is five years.