TEWATIA, J. ( 1 ) THE short question that falls for determination in this appeal is as to whether the representative of the institution referred to in Clause (vii) of sub-sec (1) of S. 11 of the Karnataka Agricultural Produce Marketing (Regulation) Act 1966 (hereinafter referred to as the Act), is required to be elected in the manner and in accordance with the procedure in which members envisaged to be elected by Cls. (i), (ii) and (iii) of sub-sec (1) of S. 11 are provided to be elected in the Karnataka Agricultural Produce marketing (Regulation) Rules 1968, (hereinafter referred to as the Rules ). ( 2 ) BEFORE proceeding with the consideration of the question posed, a few relevant facts bearing upon the question at this stage may be noticed. ( 3 ) THE appellant was the sitting member of Hirekeroor City Municipal Council. Obeying the call Issued by the Deputy Commr under rule 6 of the Rules, the Town Municipal Council of Hirekerooi, by an unanimous resolution, elected him as its representative to the Hirekeroor market Committee. Respt-1 challenged the election of the appellant and sought the quashing of the resolution (Ext. 'a'), on the ground that there had been no election of the appellant in the eye of law, because for the appellant to have been validly elected, the same process of election as in the case of the members referred to in Cls. (i ). (ii) and (iii) of sub-sec (1) of S. 11 of the Act ought to have been gone through ( 4 ) AT this stage, the relevant provisions of the statute and of the rules may be noticed. Sec. 11 of the Act deals with the constitution of Market Committees other than the Market Committee dealt with under S. 10 of the Act and the same is in the following terms :" 11. Sec. 11 of the Act deals with the constitution of Market Committees other than the Market Committee dealt with under S. 10 of the Act and the same is in the following terms :" 11. Constitution of second and subseavent 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; (11) two members shall be persons elected by A Class, B Class and c Class traders in the market area; (iii) one member shall be 9 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 committees of management of the resoective classes of Societies shall be the members 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 classes 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 classes 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 Co-operative Societies may specify in accordance with the principles laid down in the explanation to this sub-section who are not disqualified 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: (vf) one member shall be a representative of the Taluk Develop-" mem Board within the jurisdiction of which ^he market yard is situated, who is rot disqualified under Section 16, elected by such Taluk development Board; (vii) one member shall be a representative erf the local authority within the Jurisdiction of which the marke vard 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 that if persons of the categories specified in any category of Cls. (ii) to (vii) (both inclusive) are not available, the committee shall consist only of persons of the categories available: provided further that when persons of those categories become available, they may be elected as members and such members shall hold office so long only as the members first elected hold office of members. 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-opertive Societies, and where a selection has to be made 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 efficient 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 person entitled to exercise the powers and perform the functions of such society, Taluk Development Boar. (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 person entitled to exercise the powers and perform the functions of such society, Taluk Development Boar. d or Local authority shall, if not disqualified under S. 16, ex-offcio be a member of the market committee. Sec. 12 provides that the members of a market commitee shall be elected in the manner prescribed by rules and it reads: " Provisions for elections.-Subject to the provisions of thus Act, the members of a market committee shall be elected in the manner prescribed by rules. Such rules may provide also for the preparation and maintenance of the list of voters, the qualification and disqualifications of voters, the payment of deposits by candidates and their forfeiture and all matters relating to such elections. " sec. 13 provides for superintendence, direction and control of elections and the powers thereunder are vested in the Deputy Commissioner. Sec. 14 which provides for constituencies for the elections of certain members is in the following terms: " Constituencies for election of certain members.- (1) For the purpose of electing the members referred to in Cls. (i), (ii) and (iii) of sub-sec (1) of S. 11, to a market committee, there shall be the following constituencies in every market area; (i) seven agriculturists' constituencies for electing representatives of agriculturists, each constituency being a single member constituency; (ii) one traders' constituency for the entire market area for elec* ting two representatives of licensed traders; and (iii) one commission agents' constituency for the entire market area for electing one representative of the commission agents. (2) For the purpose of Cl. (1) of sub-sec (1), the Deputy Commr shall by notification determine the territorial extent oi me seven 'agriculturists' constituencies. The number of voters in each such constituency shall as tar as practicable be the same throughout the market area. "sec. 16 provides for the disqualifications for membership. ( 5 ) UNDER the Rules, elaborate provisions are made regaining the manner and procedure lor the election of members of the market commitee by the constituencies, which have been differntiated from the institutions. Regarding the election of members by the institutions, the only provision in the rules is the one contained in Rule 41 which is in the following terms ;" 41. Regarding the election of members by the institutions, the only provision in the rules is the one contained in Rule 41 which is in the following terms ;" 41. Election of the representatives of Institutions.- (1) The members of Ihe local authority or the Taluk Development board as the case may be within whose jurisdiction, the market yard is situated shall elect one representative to serve on the market committee from among members of the local authority or Taluk Development Board as the case may be, before the date fixed by the Deputy Commr in this behalf. . . . . . . . " ( 6 ) THE learned single Judge delivered the main judgment in the connected WP. 3195 of 1975 and following that decision, allowed the writ petilion setting aside the election of the appellant. ( 7 ) THE learned single Judge interpreted the expression 'elected' occurring in Cls (v), (vi) and (vii) ot S. 11 of the Act, to mean that an election of the representative of the local authority ought to have been held and conducted in the manner envisaged by Rules 7 to 40, as according to the learned Judge, the said rules do not expressly exclude their application to the election of a representative by a local authority or for that matter by the other Institutions envisaged by Cls. (v) to (vii ). The learned Judge also held that, it is fundamen. al law of election that there must be a proposer and seconder and wherever a disqualification is envisaged, there should be appointed a Returning Officer who would deal with the objections regarding the disqualifications as also any other relevant objection. ( 8 ) WE find unable to persuade ourselves to subscribe to the aforesaid view. For, in our opinion, neither the provisions of Rules 7 to 40 are applicable to the election of their representative by the Institutions, nor there is applicable any abstract fundamental law of election other than the one provided by a statute which provides for various kinds of elections. For, in our opinion, neither the provisions of Rules 7 to 40 are applicable to the election of their representative by the Institutions, nor there is applicable any abstract fundamental law of election other than the one provided by a statute which provides for various kinds of elections. However, what is fundamental in the context of election is the principle that any law envisaging election must ensure choice by majority of voters in a free and fair election, ( 9 ) THE provisions of Rules 7 to 40 in express terms deal with various stages leading to the election of members from the constituencies referred to in s. 14 and therefore, the application of the aforesaid provisions in terms stand excluded to the election of the representatives by the institutions, ( 10 ) THE next question would be as to whether by using the expression 'elected', in Cl. (vii), the Legislature had, by implication, intended the holding of election of the representatives of the Institutions in the same manner as of the members of the constituencies. We do not think there could be any such intendment in the very nature of things. ( 11 ) WHAT kind of procedure is to be prescribed for the preparation of the electoral roll, for the. submission oi the application forms, and for the supervision of the elections would depend on circumstances like the number of voters, their identity and dispersal. If there is a large body of voters whose identity had to be established and they are dispersed in a wide area, then the procedure for election of a member by such voters may have to be the one that has been envisaged in Rules 7 to 40 of the rules. But where the number of voters is small, as necessarily would be the case in regard to the institutions in question and where their identity at every time is known, and the places where they are supposed to meet to transact special or ordinary business are specified and envisaged in the statute that governs the said institutions, no such elaborate procedure of the kind lor the election of a representative by such institutions would be necessary, and therefore, when such a procedure is not provided for, it would not be envisaged by implication. ( 12 ) AS for the compliance of the fundamental law of election, such as the election by majority of members in a free and fair manner, it may be observed that the provisions of the Statute and the Rules made thereunder governing the said institutions, in our opinion, would ensure both the aforesaid aspects, for the Council transacts all business, whatever, by passing a resolution reflecting the majority opinion of the members participating in the meeting. Those Acts provide elaborate procedure to ensure the holding of the meeting after due notice to every one concerned and in a free and fair manner. ( 13 ) HENCE, for the reasons aforesaid, we are of the opinion that the appellant had been legally elected by the Town Municipal Council in question to the Market Committee in question. ( 14 ) IN the result, the appeal is allowed; the order under appeal is set aside; and the writ petition is dismissed. Parties are directed to bear their own costs. --- *** --- .