IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION NO.4993 of 2019 (APMC) & WRIT PETITION NOs.5584-5591 of 2019 BETWEEN:
1. Sri. R. Gangadaraiah Aged about 65 years, S/o late Gangaiah, R/o Kunthihalli Village, Tumkur Taluk & District.
2. Sri. Rajesh S/o Gopalaiah, Aged about 50 years, R/o Kesthur, Kesthur Post, Kora Hobli, Tumkur Taluk & District.
3. Sri. Tirumalaiah @ Kitti S/o Sri. Anjanappa, Aged about 44 years, R/o T.G. Palya, Hullenahalli Post, Gulur Hobli, Tumkur Taluk & District.
4. Sri. K.M. Yogish S/o Marisiddaiah, Aged about 52 years, R/o Kowthamarayanayalli, Gulur Hobli, Tumkur Taluk & District.
5. Sri. Narasegowda S/o late Dasegowda, Aged about 56 years, R/o Nagavalli Village & Post, Hebbur Hobli, Tumkur Taluk & District.
6. Sri. H.N. Yadunandakumar S/o Narasimhaiah, Aged about 44 years, R/o Hirethotlukere, Kora Hobli, Tumkur Taluk & District.
7. Smt. Chandrakala W/o Sri. Sadashivaiah, Aged about 43 years, R/o Melehalli, Bommasandra Post, Tumkur Taluk & District.
8. Sri. K.G. Anand S/o late Gangaanna, Aged about 65 years, R/o Kyathasandra Village, Tumkur Taluk & District.
9. Sri. K. Navarathnakumar S/o Narasimhaiah, Aged about 61 years, R/o Kumkumanahalli, Kambattanahalli Post, Kasaba Hobli, Tumkur Taluk & District. ... Petitioners (By Sri. Balagangahdar G.S., Advocate) AND:
1. The Chief Secretary To Government of Karnataka, Vidhana Soudha, Bengaluru – 560 001.
2. The Principal Secretary Co-Operative Department, M.S. Building, Dr. Ambedkar Veedhi, Bengaluru – 560 001.
3. The Deputy Commissioner Tumkur District, Tumkur – 572 131.
4. Smt. Puttamma W/o Sri. Giriyappa, Aged about 70 years, R/o Mallenahalli, Sorekunte Post, Bellavi Hobli, Tumkur Taluk – 572 131.
5. Sri. Mohammed Buden S/o Mohammed Dastagir, Aged about 40 years, R/o Kuruvelu, Byata Post, Urudugere Hobli, Tumkur Taluk – 572 131.
6. Sri. Kodandaram S/o Lakshminrasimhaiah, Aged about 52 years, R/o Swandenahalli Post, Kasaba Hobli, Tumkur Taluk – 572 131.
7. Sri. T.R. Suresh S/o late Ramaiah, Aged about 50 years, Oil Mill Road, Santepet, Tumkur – 572 131. … Respondents (By Sri. S. Tavareek Naik, HCGP for R1 to R3; V/o dated 04.02.2019 notice to R4 to R7 is Dispensed with) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the cancellation of nomination order dated 07.07.2018 produced at Annexure-C passed by the R-2, as the same is impugned, perverse and capricious and is liable to be set aside.
These Writ Petitions coming on for Orders this day, the Court made the following:
O R D E R These writ petitions are directed against the order dated 07.07.2018 at Annexure-C passed by respondent No.2.
2. The only contention of the petitioners is that as per Section 10 (4) (a) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 (hereinafter referred to as ‘the Act’ for short) the term is for two years and they can extend their period for further two years. In the meantime, the impugned order at Annexure-C is passed on 07.07.2018 and removed the petitioners from the membership of APMC.
3. Section 10 (4) (a) of the Act reads as under:-
“(4) (a) Save as otherwise provided in this Act, [but subject to the pleasure of the State Government] the members of the first market committee shall hold office for a period of two years from the date of notification under sub-section (1):
Provided that the State Government may by notification extend the term of office of the members by such period or periods not exceeding [two years] in the aggregate.”
3. Section 10 (4) (a) is very clear that appointment is subject to doctrine of pleasure and the term has been fixed for two years. Since nomination has been made on 06.03.2017, two years period is over. Hence, the writ petitions do not survive for consideration.
4. Without expressing any opinion on merits, the above writ petitions are disposed of. This order will not come in the way of considering the case of the petitioners for nomination.
In view of disposal of main petition, I.A. Nos.1/2019 and 2/2019 do not survive for consideration. Hence, the same are dismissed.
MBM Sd/- JUDGE