G. V. GUNAYYA CHETTY & ANR versus V. DASARATHARAMAIAH & ORS.

G. V. GUNAYYA CHETTY & ANR versus V. DASARATHARAMAIAH & ORS.

When a Market Committee is constituted following supersession of an earlier committee, it is not a committee constituted for the first time; therefore, the Government does not have the power to nominate members representing traders under the proviso to Section 5(1)(iv). The election procedure under the main part of Section 5(1)(iv) applies.

Parties
Appellant: G. V. Gunayya Chetty & Anr.; Respondents: V. Dasaratharamaiah & Ors.
Jurisdiction
India
Judgment Date
21 April 1975
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 27 8 1974 of the Andhra Pradesh High Court in Writ Appeal No. 716 of 1973
Outcome
Appeal dismissed with costs.
Legal Topics
Constitution of Market Committee, Interpretation of Andhra Pradesh Agricultural Produce and Live Stock Markets Act, 1966, Nomination Vs. Election of Members, Supersession of Market Committee
Administrative Law Agricultural Law Constitution of Market Committee Interpretation of Andhra Pradesh Agricultural Produce and Live Stock Markets Act, 1966 Nomination Vs. Election of Members Supersession of Market Committee

Case Brief

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Parties

G. V. Gunayya Chetty & Anr.

Appellant

V. Dasaratharamaiah & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 27 8 1974 of the Andhra Pradesh High Court in Writ Appeal No. 716 of 1973

Legal Issues

  1. 1 Whether upon supersession and reconstitution of a Market Committee for a notified area, the Government may nominate members representing traders under the proviso to Section 5(1)(iv) of the Andhra Pradesh Agricultural Produce and Live-Stock Markets Act, 1966, or whether traders' representatives must be elected as per the main provision of Section 5(1)(iv)

Ratio Decidendi

When a Market Committee is constituted following supersession of an earlier committee, it is not a committee constituted for the first time; therefore, the Government does not have the power to nominate members representing traders under the proviso to Section 5(1)(iv). The election procedure under the main part of Section 5(1)(iv) applies.

Court Disposition

Appeal dismissed with costs.