( 1 ) BECAUSE some of the questions raised in these petitions are common, they are heard together and disposed of by this common order. In all these cases the principal question raised relates to the election of the representatives of certain institutions to the Mraket Committees constituted under the Karnataka, Agricultural Prqduce Marketing (Regulation) act, 1966 (hereinafter referred to as the Act ). ( 2 ) IT is necessary to set out a resume of the relevant provisions of the Act and the Karnataka Agricultural Produce Marketing (Regulation) Rules, 1968 (hereinafter referred to as the Rules) for the purpose of deciding these cases. ( 3 ) THE Act was passed by the State Legislature to, provide for the better regulation of buying and selling of agricultural produce and the establishment and administration of markets for agricultural produce in the State of Karnataka. Under S. 4 of the Act the State Govt is empowered to specify by a declaration a market area. Under S. 6 provision has been made for the establishment of markets, market yards, market sub-yards, sub-markets and sub-market yards in a market area. A Market Committee has to be constituted in respect of every market area. S. 10 provides for the constitution of the first Market Committee. The manner in which the second and subsequent Market Committees have to be constituted is laid down in S. 11 sec. 11 reads as follows :"11. Constitution of second and subsequent market committees- (1 ). A Market Committee has to be constituted in respect of every market area. S. 10 provides for the constitution of the first Market Committee. The manner in which the second and subsequent Market Committees have to be constituted is laid down in S. 11 sec. 11 reads as follows :"11. Constitution of second and subsequent market committees- (1 ). Save as provided in S. 10, every market committee shall consist of the following members, namely: - (i) seven members shall be persons elected by the agriculturists in the market area; (ii) two members shall be persons elected by A class, B class and c class traders in the market area; (iii) one member shall be a person elected by commission agents holding licences to operate in the market area; (iv) one member shall be a representative of a Taluk Marketing Co-operative society within the area of operation of which the market yard is situated, who is not disqualified under S. 16, elected by its committee of management; (v) one member shall be a representative of a producers' society the area, of operation of which is within the market area, who is not disqualified Under S. 16, elected by its committee of management: provided that if there is more than one Taluk Marketing Society of the class specified in Cl (iv) or more than one producers' Society of the class specified in Cl (v), a representative of each class of such societies, who is not disqualified under S. 16, elected by the members of the committee of management of the respective class of societies, shall be the member of the Market Committee : provided further that where any society carries on more than one business referred to in Cls (iv) and (v) the Registrar of Co-operative societies shall specify such society under any one class for the purpose of this. Act; provided also that if there is no society of any of the class referred to in Cls (iv) and (v), a representative or representatives of such co-operative credit societies functioning in the market area as the registrar of Cq-operative Societies may specify in accordance with the principles laid down in the explanation to this sub-section who are not dis qualified under S. 16, elected by the Committee or Committees of management of the said society or societies, shall be the member or members of the market committee; (vi) one member shall be a representative of the Taluk Development board within the jurisdiction of which the market yard is situated, who is not disqualified under S. 16, elected by such Taluk Development board; (vii) one member shall be a representative of the local authority within the jurisdiction of which the market yard is situated, who is not disqualified under S. 16, elected by such local authority; (viii) one member shall be an officer subordinate to the Chief marketing Officer nominated by the Chief Marketing Officer: provided * *. * provided * * * explanation: For purposes of specifying the co-operative society under the third proviso; to Cls (iv) and (v), the society assigned the highest audit classification by the Registrar of Co-operative Societies, and where a selection has to be mad* from among more than one society in the same audit classification, the society certified by the said registrar as a society with wider business activities and sufficient administration shall be the co-operative society to be specified under the said proviso. (2) Notwithstanding anything contained in sub-sec (1), when a co-operative Society, Taluk Development Board or Local Authority which is represented on the market committee is superseded, the administrator or any qther person entitled to exercise the powers and perform the functions of such Society, Taluk Development Board or local Authority shall, if not disqualified under S. 16, ex-officio be a member of the market committee. " (underlining italics by me ). Sec. 12 authorises the making of rules for the conduct of the election under s. 11. Such rules may provide for the preparation and maintenance of the list of voters, the qualifications and disqualifications of voters, the payment of deposit by candidates and their forfeiture and of matters relating to such election. S. 15 provides for the qualification for candidates for election. Such rules may provide for the preparation and maintenance of the list of voters, the qualifications and disqualifications of voters, the payment of deposit by candidates and their forfeiture and of matters relating to such election. S. 15 provides for the qualification for candidates for election. The disqualifications for membership of the committee are set out in S. 16. S. 20 provides that the validity of an election can be questioned before the munsiff within whose territorial jurisdiction the market area concerned is situate. The gounds for declaring the election to be void are to be found in S. 21, The grounds on which a candidate other than a returned candidate is declared to have been elected are set out in S. 22. S. 24 defines the corrupt practices at an election. S. 32 states that the secrecy of voting at an election should be maintained. Rules 5c, 6 to 14 and 41, among others, set out the manner in which an election should be held. ( 4 ) THERE is no dispute that in the case of constituencies falling under cls (i), (ii) and (iii) of sub-sec (1) of S. 11. a Returning Officer has to be appointed by the Deputy Commr under Rule 8 for holding the election. The question that arises for consideration in these petitions is whether there is a necessity for the appointment of a Returning Officer for the purpose of electing representatives of the institutions referred to in Cls (iv) to (vii) of sub-sec ( (1) of S. 11. One view canvassed before me is that on the institutions referred to in Cls (iv) to (vii) being invited to send a representative to fill the vacancy in the market committee at a meeting of the members of the managing committee or the Board or the Council as the case may be of the institutions referred to above, one of their members may be nominated by them to be a member of the market committee. The other view is that it is open to the managing committee, Board or the council concerned to elect a non-member as a representative to be member of the market committee. The third view is that a representative of the institution referred to in Cls (iv) to (vii) can become a member of a market committee only on being elected in accordance with the rules prescribed for holding an election. The third view is that a representative of the institution referred to in Cls (iv) to (vii) can become a member of a market committee only on being elected in accordance with the rules prescribed for holding an election. In other words what is urged is that a Returning officer should be appointed by the Deputy Commr as in the case of constituencies falling under Cls (i) to (iii) of sub-sec (1) of S. ll for conducting election referred to in Cls (iv to (vii) also and that a person elected at the election held by the Returning Officer alone can become a member of the market committee. On a careful consideration of the provisions of the Act, i am of the view that there is no scope for holding that the institution can nominate a person to serve on the market committee. The Act requires them to elect a person. It is not necessary to decide in this case whether the person elected should be one amongst the electors or not. The reasons for holding that the institutions have to elect a member and not nominate him are given below. ( 5 ) THE expression 'institution' is defined in S. 2 (16) as a Co-operative society, a Taluk Development Board or a Local Authority. Rule 41 (1) states that the members of the Local Authority or the Taluk Development board as the case may be shall elect a representative from amongst themselves to serve on the market committee before the date fixed by the Deputy commr in that behalf. Sub-rule (1a) of Rule 41 provides that the members of the committee of management of a Taluk Marketing Society within whose jurisdiction the market area is situated shall elect one representative to serve on the market committee before the date fixed by the Deputy commr. Sub-rule (2) of Rule 41 provides that the members of the Managing Committee of the Producers' Society the area of operation of which is within the market area shall elect one representative to serve on the market committee from amongst themselves before the date fixed by the deputy Commr. Rules 7 to 40 which generally deal with the elections do not specifically exclude their application to elections held under Cls (iv) to (vii) of sub-sec (1) of S. 11. Rules 7 to 40 which generally deal with the elections do not specifically exclude their application to elections held under Cls (iv) to (vii) of sub-sec (1) of S. 11. It is stated that it has been the practice in some cases all these years for the institutions to nominate their representatives without the appointment of a Returning Officer for the said purpose. In these cases the correctness of the said procedure has arisen for consideration. ( 6 ) THE decision on the above question depends upon the construction to, be placed on the relevant provisions of the statute. While interpreting the said provisions the Court should have regard to the language of the sections, the nature of the power conferred on the authorities, the manner in which it is exercised and all other relevant matters in the context of all the provisions of the Act which arises for consideration. It is well settled that when the intention of the legislature is plain and unambiguous it is the duty of the Court to give effect to it. The Court should not read into the said provisions another meaning either on the ground of hardship or on the ground that a different construction had been placed by the instrumentalities of the State all along. ( 7 ) THE words "who is not disqualified under S. 16" and 'elected' which are to be found in Cls (iv) to (vii) and the proviso to Cls (iv) and (v) appear to- me in these cases as the crucial words. Their importance would become manifest if we read Cl (viii) of sub-sec (1) of S. 11 which provides for the nomination of a member by the Chief Marketing Officer. It becomes, therefore, clear that wherever the legislature intended that an election should be held it used the expression 'elected' and wherever a person had to be nominated it used the word 'nominated'. It is the fundamental principle of law of elections that a candidate has to be proposed and /or seconded by any elector who is entitled to cast his vote at the election in the absence of any specifie contrary provision made in the statute. It is the fundamental principle of law of elections that a candidate has to be proposed and /or seconded by any elector who is entitled to cast his vote at the election in the absence of any specifie contrary provision made in the statute. Similarly, wherever there is a provision prescribing either the qualifications or disqualifications for a person to be a candidate at an election, there should be a machinery provided for determining the question whether the candidate proposed has the prescribed qualifications or suffers from any disqualifications. Ordinarily this function is entrusted to a returning Officer who, should also conduct the poil and declare the result. Anybody who is dissatisfied with the result of the election should have an opportunity to question it by raising an election dispute before a competent authority. In the instant case it is admitted that with regard to persons who are to be elected by the constituencies coming under Cls (i) to (iii) of sub-sec (1) cf S. 11, such a machinery has been provided. ( 8 ) WHAT is however in dispute is whether any distinction should be made between persons who are tc be elected under Cls (iv) to (vii) of subsec (1) of S. ll and persons who are to be elected under Cls (i) to (iii) of sub- sec (1) of S. 11. By expressly incorporating in each of the Cls (iv) to (vii) the requirement that a person to be elected should not suffer from any disqualifications mentioned in S. 16, the legislature has made its intention clear that there is a necessity for a decision to be given en the question whether a candidate suffers from any disqualification or not before the voters are celled upon to exercise their choice in his favour. The proviso to Cls (iv) and (v) of sub-sec (1) of S. ll which provides the procedure to be followed when there are more than one Taluk Marketing Society or Producers society within the area of operation of the market committee and Rule 7 (a) as amended on 3-2-1970 show that there is need for the appointment of a returning Officer because it states that a representative of such societies should be elected by the members of the managing committee of all the societies falling under Cls (iv) and (v) because the President of a co-operative Society, Taluk Marketing Society or the President of a Producers' society cannot preside over a meeting consisting of members belonging, to; more than one society. Rule 5c requires a list of voters to be maintained in the case of the election to be held under the first proviso to sub-sec (1) of s. 11. Hence there is no reason to hold that when an election is held under any of the Cls (iv) to (vii) of sub-sec (1) of S. 11, a different procedure should be followed. ( 9 ) THERE is one other reason as to why the contention that an election can be held by the members of the committees of management of the Board or of the Council at a meeting of the society, Board or Council should be rejected. A Chairman or a President of such a meeting cannot decide the question whether a candidate suffers frqm any of the disqualifications mentioned in S. 16 . This question cannot form the subject matter of a point of order. A point of order on which a decision can be rendered by a President or Chairman can only relate to the regularity of the proceedings, but a decision on the disqualification of a candidate cannot be the subject matter of a point of order. It may be that in a given case the President or the chairman may himself be a candidate or he may be sponsoring a candidate. It becomes, therefore, clear that the Legislature when it enacted cls (iv) to (vii) of sub-sec (1) of S. 11 intended that an election should be held by the Institutions referred to above in the same way in which elections have to be held in respect of Cls (i) to (iii) of sub-sec (1) of S. 11. It becomes, therefore, clear that the Legislature when it enacted cls (iv) to (vii) of sub-sec (1) of S. 11 intended that an election should be held by the Institutions referred to above in the same way in which elections have to be held in respect of Cls (i) to (iii) of sub-sec (1) of S. 11. The use of the expression 'representative' in Cls (iv) to (vii) of sub- sec (1) of S. 11 and its absence in Cls (i) to (iii) of sub-sec (1) of S. 11 also does not make any difference. It is significant that in Cls (a) to (c) of s. 16 (1) dealing with disqualifications of candidates for election from constituencies referred to in Cls (i) to (iii) of sub-sec (1) of S. 11, the Legislature has used the expressions ' a representative of agriculturists', ' a representative of traders' and 'a representative of commission agents'. In sub- sees (1) and (2) of S. 18 the Legislature has described the members elected both by the constituencies under Cls (i) to (iii) of sub-sec (1) of S. 11 and by the institutions under Cls (iv) to (vii) of sub-sec (1) of S. 11 as 'representatives'. It follows that all the members elected from different groups or electors referred to in Cls (i) to (vii) of sub-sec (1) of S. 11 are representatives of the different interests they represent. ( 10 ) SEC. 16 (2) applies to candidates for election under all the Cls (i) to (vii ). S. 16 (3) applies to persons seeking election from the institutions only. It is further seen that Legislature has described all persons elected under Cls (i) to (vii) of S. 11 (1) as 'members' in the fifth proviso to S. 11 (1) and that would become clear by reading the fourth proviso and fifth proviso appearing below Cl (viii) of S11 (1) together. "sec. 12 which applies to election of all the members including persons elected under Cls (iv) to (vii) of S. 11 (1) requires rules to be made for preparation and maintenance of the lists of voters, the qualifications and disqualification of voters, the payment of deposits by candidates and their forfeiture and all matters relating to such elections. "sec. 12 which applies to election of all the members including persons elected under Cls (iv) to (vii) of S. 11 (1) requires rules to be made for preparation and maintenance of the lists of voters, the qualifications and disqualification of voters, the payment of deposits by candidates and their forfeiture and all matters relating to such elections. This again emphasises that there can be no difference between elections under Cls (i) to, (iii) on the one hand and under Cls (iv) to (vii) on the other. Under S. 13 the Deputy Commr is vested with the power to supervise and control all elections. He can do so by appointing a Returning Officer for the said purpose also in the case of elections under Cls (iv) to (vii) of section 11 (1 ). ( 11 ) THE explanation to S. 19 (1) makes no difference between members representing constituencies and members representing institutions, secs. 20 to 23 which relate to the determination of validity of elections and the reliefs to be granted apply to all elections under Cls (i) to (vii) of s. 11 (1 ). . So is S. 24 dealing with corrupt practices. Under Sec. 27 the Deputy Commr has to publish the names of all the members elected under S. 11 (1) in the Official Gazettes. I have so far referred to some of the provisions of the Act only to demonstrate that there can be no substantial difference between election of members representing constituencies and of members representing institutions. Even if the Rules now framed are inadequate in any respect, a person, who is merely nominated by a Co-operative Society, Taluk Development board or a Local Authority at its meeting to serve on the market committee cannot function as a member as he is not elected in accordance with a procedure which should ordinarily be followed at an election. It is the duty of the State Govt to make rules under S. 12 for holding elections in accordance with the intendment of the Act. If there is conflict between the rules and the Act or if the Rules are inadequate, the provisions of the Act should prevail. It is the duty of the State Govt to make rules under S. 12 for holding elections in accordance with the intendment of the Act. If there is conflict between the rules and the Act or if the Rules are inadequate, the provisions of the Act should prevail. If the Rules are silent in regard to any matter it is open to the Deputy Commr in exercise of his power under S. 13 of the Act to evolve a reasonable procedure which does not conflict with the Act, tq hold the elections. ( 12 ) RULE 41 can only be read as stating that Co-operative Societies, Taluk development Boards and the Local Authorities should return the candidates within the prescribed date. If it is read as meaning that it Authorises the said institutions to nominate their representatives at their meeting, then it will have to be declared as opposed to the Act. It can be saved only by reading it in the former sense. In Doddabasappa v. SPl Land Acquisition Officer, WP. 2947175 dt. 21-7-1875. I have held that in the case of institutions also an election should be held in accordance with the Rules prescribed for the conduct of election from the constituencies referred to in Cls (i) to (iii) of S. 11 (1), with such modifications as may be necessary. Rule 7 authorises the Deputy Commr to publish a notice calling upon the constituencies or institutions to elect members in accordance with sub- sec (1) of S. 11 of the Act. Rule 8 prescribes the manner in which a nomination paper should be completed and filed before the Returning Officer. It also empowers the Deputy Commr to appoint a Returning Officer. In the above cases (except Writ Petitions 3326 and 3426 of 1975) admittedly no returning Officer has been appointed and no election has been held in accordance with the Rules. Hence, in those cases no person can claim that he has been duly elected as a representative of the institutions in question to serve as a member of the market committee concerned. ( 13 ) I shall now proceed to consider what reliefs should be granted in each of the above cases. Writ Petition 3195 of 1975: Market Committee, Bhalki * * writ Petition 3204 of 1975: Market Committee, Bhalki * * writ Petition 3426 of 1975: Market Committee, Chitradurga. ( 13 ) I shall now proceed to consider what reliefs should be granted in each of the above cases. Writ Petition 3195 of 1975: Market Committee, Bhalki * * writ Petition 3204 of 1975: Market Committee, Bhalki * * writ Petition 3426 of 1975: Market Committee, Chitradurga. In this case the question as whether respondent 4 has been properly elected as a member of the market. committee under Cl (iv) of sub-sec (1) of S11. The nomination paper was rejected by the Returning Officer on the ground that the nomination was not supported by the resolution of the managing committee of the Taluk Marketing Society. The Rules do not require that a candidate should be sponsored by the Taluk Marketing Society as held by me in WP. 2947 of 1975 decided on 21-7-1975. The order of the Returning officer rejecting the nomination paper of the petitioner is set aside. Consequently the declaration that respondent 4 was duly elected, is set aside. The returning Officer shall scrutinise the nomination paper filed by the petitioner as required by the Rules on a date to be fixed by him and thereafter he shall hold the election in accordance with law, if he considers that the petitioner does not suffer from any disqualifications. It is open to all concerned to raise objections to the nomination paper of the petitioner before the Returning Officer. The Returning Officer shall hold the election in accordance with law after giving a decision on the objections raised to the nomination paper of the petitioner. Writ Petition 3622 of 1975: Market Committee, Chitradurga * * writ Petition 3326 of 1975: Market Committee, Chitradurga - ( 14 ) THE complaint of the petitioner in this ease is that respondent 5, who is not one of the members of the managing committee of a Producers' Society could not have been declared as having been elected by the Returning Officer in view of sub-rule (2) of Rule 41 which states that members of the managing committee of the Producers' Society the area of operation of which is within the market area shall elect one representative to serve on the committee from amongst themselves before the date fixed by the Deputy Comnr in this behalf. It is admitted that respondent 5 in not a member of the managing committee of the Producers' Society. It is admitted that respondent 5 in not a member of the managing committee of the Producers' Society. It is however contended by Sri N. P. Moganna, learned Counsel for respondent 5, that sub-rule (2) of Rule 41 which states that a managing committee of the Producers' Society can elect one representative from amongst themselves is inconsistent with the act and, therefore, the election of respondent 5 should be upheld. The returning Officer admittedly did not invite nominations from persons other than the members of the managing committee of Producers' Societies. He could not have done so in view of sub-rule (2) of Rule 41. Even granting for purposes of argument that sub-rule (2) of Rule 41 (but without deciding) is in excess of the rule making power of the State Govt, the election of respondent 5 cannot be upheld because on the date on which his nomination paper was received all were guided by sub-rule (2) of R. 41 and many persons who could have otherwise filed their nomination papers were prevented from filing their nomination papers in view of sub-rule (2) of Rule 41. The result of the election has, therefore, been materially affected. The election of respondent 5 to, the Agricultural Produce Market Committee, chitradurga, is therefore, set aside. All other contentions raised in this petition are left open. ( 15 ) WRIT Petition 3676 of 1975: Market Committee, Gadag-The petitioner has questioned in this case the notice issued by the Tahsildar, Gadag, stating that he could not be permitted to participate in the election of Chairman of the Market Committee in view of the order made by the Divisional commissioner under Sec. 309 of the Karnataka Municipalities Act suspending the resolution passed by the City Municipal Council, Gadag, dt. 7-7-1975 nominating the petitioner as a representative to fill the vacancy under cl (vil) of sub-sec (1) of S. 11 of the Act in the Agricultural Produce Market committee, Gadag. I am of the view that it is not necessary to set aside the impugned notice because the petitioner has not been duly elected as a representative of the Municipal Council to serve on the Market Committee. The Deputy Commr admittedly did not appoint a Returning Officer to hold an election for filling the vacancy in question. Therefore, the resolution passed by the City Municipal Council, Gadag, on 7-7-1975 cannot be effective. The Deputy Commr admittedly did not appoint a Returning Officer to hold an election for filling the vacancy in question. Therefore, the resolution passed by the City Municipal Council, Gadag, on 7-7-1975 cannot be effective. The Deputy Commr, Dharwar, is directed to take appropriate steps in accordance with law and the observations made in this order to fill up the vacancy in question. This writ petition is accordingly disposed of. Writ Petition 3677 of 1975: Market Committee, Bagalkot-In this writ petition the petitioner has questioned the notice issued by the Asst Commr, bagalkot, calling upon the Jonit Farming Society which is a Producers' society to send a representative to fill up a vacancy falling under Cl (v) of sub-sec (1) of S. 11 of the Act. The Asst Commr who is appointed as the returning Officer has to conduct election as per law after fixing dates for several events. . He cannot call upon the society to nominate a representative. The notice issued by the Asst Commr is, therefore, quashed. He is directed to fill up the vacancy falling under Cl (v) of sub-sec (1) of S. 11 in accordance with law after the publication of the calendar of events. The petition is accordingly allowed. --- *** --- .