The judgment establishes the principle that the Managing Director and Mandi Committee have the authority to amend bye-laws in the interest of farmers, and that the State Government's power to amend the schedule does not extend to the acts in question.

Petitioner has filed the present petition being aggrieved by the order dated 24-2-2016 passed by respondent No. 1 by which order dated 13-3-2015 (Annexure P/4) resolution No. 17 dated 23-3-2015 passed by Krishi Upaj Mandi Samiti, Indore has been set aside.

2. Facts of the case are as under.

Petitioner is a society registered under the provisions of the M.P. Society Registration Act, 1973. The working Committee of the society has passed resolution in favour of the President and Secretary to file the present petition. The petitioner is a society of commission agent of potato, garlic and onion who receives commission, consideration or percentage of the amount involved in the transaction of agricultural produce from traders. To establish marketing board and various Krishi Upaj Mandi in the entire State of M.P. the State Government has enacted a law called Krishi Upaj Mandi Adhiniyam, 1972 (for short ‘the Adhiniyam 1972’). Under section 80 of the Adhiniyam the market Committee of the respective Mandi may make bye-laws in respect of the market area under its management to regulate its business, condition of trading and market duties and functioning of the Committee, sub Committee and market functionaries etc. Under section 81 power has been given to the Managing Director of the Mandi Board to direct Mandis to make or amend any bye-laws and if the petitioner Committee fails to make any bye-laws or amend bye-laws within the time frame the bye-laws framed by the Managing Director would be binding on the market Committee. An appeal shall lie to the State Government from any order of the Managing Director under sub-section (2). The bye-laws framed under section 80 by the Mandi Committee are also required to be confirmed by the MD.

3. The M.P. State Marketing Board has framed bye-laws in the year 2000 to regulate sale and purchase of vegetables in the Krishi Upaj Mandi. They are commonly known as Mandi Samimityom Ke Liye Upadvidhi 2000. Chapter 4 of the Regulation 16 deals with the control of marketing of scheduled agricultural products. These model bye-laws have been adopted by the each and every Mandi Committee of the State including respondent No. 4. According to the petitioner under this bye law garlic has to be treated as vegetable not as spice because it is perishable like vegetables and the commission agents do not recover any commission from the agriculturist but recover only from the traders and they also deposits the Mandi fess also to the Krishi Upaj Mandi.

4. The Managing Director vide order dated 13-3-2015 (Annexure P/4) has directed all the Mandis to amend the bye-laws 2000 by inserting clause (16) (7) for garlic (dry and wet) which is in the category of spices and others are to be treated under the category of fruits and vegetables because garlic is a perishable commodity. The proposed amendment is reproduced below:-

¼1½ mifof/k lu~ & 2000 ds v/;k; pkj esa eaMh lfefr }kjk vf/klwfpr d`f"k mit ds foi.ku dk fu;a=.k gsrq fu/kkZfjr dafMdk 16 esa la'kks/ku mijkar fuEukuqlkj uohu mica/k ¼7½ dks LFkkfir fd;k tk, %&

¼16½ ¼7½ & ;g fd d`f"k mit ^^yglqu ¼xhyk rFkk lq[kk½** 'kh?kz u"V gksusokyh ¼isjh'kscy deksfMVh½ gS tks fd d`f"k mit eaMh vf/kfu;e dh /kkjk 1¼d½ dh vuqlwph nl ds vUrxZr ^^pVuh elkys rFkk vU; oLrq,** Js.kh esa vkrs gS ds foi.ku gsrq d`f"k mit eaMh lfefr dh bl vifof/k ds mijksDr mica/k esa fu/kkZfjr Á.kkyh ds vfrfjDr mi;qDr oSdfYid ikjn'khZ Á.kkyh ;Fkk Áfrfuf/k ¼edh'ku ,tsaV½ ds ek/;e ls vf/klwfpr d`f"k mit ds foi.ku] ?kks"k foØ; lapkyu bR;kfn dks mlh Ádkj Hkh fofu;fer fd;k tk ldsxk tSls fd ^^Qy lCth foi.ku ds fy;s mifof/k lu~ 2000 ds Áko/kkuksa esa micaf/kr gS] fdUrq bl oSdfYid O;oLFkk esa dh xbZ dksbZ Hkh ckr ls d`f"k mit ^^yglqu ¼xhyk rFkk lq[kk½** dks eaMh vf/kfu;e dh /kkjk 1¼d½ dh vuqlwph lkr rFkk ^^Qy** ;k vuqlwph vkB ;Fkk ^^lCth** ds varxZr ugha le>k tkosxkA

5. The Krishi Upaj Mandi vide its resolution dated 23-3-2015 No. 17 has passed the resolution to include the aforesaid clause in the bye-laws of 2000.

6. Being a