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Madhya Pradesh High Court · body

1977 DIGILAW 454 (MP)

Chaturbhuj v. State of M. P.

1977-10-25

R.K.TANKHA, SHIVDAYAL

body1977
Short Note : 1. By the writ petition, the petitioner who was Chairman of the Marketing Committee had challenged his removal from membership of Krishi Upaj Mandi Samiti, Raigarh by the Director of Marketing (respondent No.2) under section 55 (1) of M. P. Krishi Upaj Mandi Adhiniyam, 1972. Held: For the third, charge proved, about the money of the Mandi spent in sending a telegram to the Chief Minister with was not connected with the affairs of the Mandi, the learned counsel submitted that the matter was covered by the provisions of section 17 of the Act but this, Court is unable to accept the contention. The said section deals with the powers and duties of the Market Committee and as such, the provisions of that section cannot be invoked for the protection of the act of the petitioner. 2. The learned counsel contended that the State Government could not delegate its power under section 55 (1) to the Director (respondent No.2). This submission seems to have been advanced over-looking section 65 of the Act, which authorises the State Government to delegate to any officer of the State Government not below the rank of Director any of the powers conferred on it by or under the Act Therefore the exercise of power by the Director (respondent No.2) under section 55 (1) of the Act for the removal of the petitioner from the membership cannot be questioned. Petition dismissed.