R. C. MANKAD, J. ( 1 ) PETITIONER who is member of the Patan Agricultural Produce Market Committee (hereinafter referred to as `the Committee) has filed this petition praying that respondents be directed to hold election of Chairman and Vice-Chairman of the Committee. ( 2 ) THE following facts are undisputed: the Committee of which the petitioner is member was elected in 1981 for a period of four years. The period of four years expired on 30/09/1985 However the election of the new Committee was held on 30/11/1985 This new Committee has not come into existence as disputes relating to its election have been raised. Under Sec. 11 (4) (b) of the Gujarat Agricultural Produce Markets Act 1963 the term of the Committee is deemed to be extended to and expire with the day immediately before the date of the first General Meeting of the Market Committee as reconstituted on the expiry of its term Therefore the term of the Committee of which the petitioner is member will continue to be in existence till the date immediately before the date of the first General Meeting of the Committee which has been elected in November 1985. On account of the election disputes this new Committee has not yet come into existence. In other words the Committee has not been reconstituted and therefore there is yet no question of holding its General Meeting. Under the circumstances as observed above the Committee of which the petitioner is member continues to be in existence. ( 3 ) THE Committee elected its Chairman and Vice-Chairman on 19/09/1985 Rule 33 of the Gujarat Agricultural Produce Markets Rules 1965 inter alia provides that any person elected as Chairman or Vice-Chairman shall held office for two years from the date of his election as Chairman or Vice-Chairman as the case may be. Therefore the term of the Chairman and Vice-Chairman elected on 19/09/1985 came to an end on 18/09/1987 It therefore became necessary to hold the election of Chairman and Vice-Chairman of the Committee. The District Registrar of Co-operative Societies and Deputy Director Agricultural Marketing and Rural Finance Mehsana respondent No. 2 herein issued notice Annexure `a dated 14/09/1987 for holding of election of Chairman and Vice-Chairman on 23/09/1987 A meeting of the Committee was called on 23/09/1987 for the purpose of electing Chairman and Vice-Chairman. The District Registrar of Co-operative Societies and Deputy Director Agricultural Marketing and Rural Finance Mehsana respondent No. 2 herein issued notice Annexure `a dated 14/09/1987 for holding of election of Chairman and Vice-Chairman on 23/09/1987 A meeting of the Committee was called on 23/09/1987 for the purpose of electing Chairman and Vice-Chairman. However by notice Annexure `b dated 21/09/1987 the Secretary of the Committee informed the members of the Committee that the meeting which was to be held on 23/09/1987 was postponed for administrative reasons. Thereafter no notice for holding the meeting of the Committee for the purpose of electing Chairman and Vice-Chairman has been given. The grievance of the petitioner is that there is no reason or justification for not holding such meeting and it is the duty of respondent No. 2 to call meeting of the Committee for the purpose of electing Chairman and Vice-Chairman. It is in the background of these facts that the petitioner has moved this Court by way of this petition seeking direction against the respondents to hold the meeting of the Committee for the purpose of selecting the Chairman and Vice-Chairman of the Committee ( 4 ) THE only ground on which the respondents have resisted this petition is that fresh election of Chairman and Vice-Chairman for a period of two years as provided in Rule 33 of the aforesaid Rules is likely to create complications in view of the fact that the election for the reconstitution of the Committee has already been held on 30/11/1983 It is submitted that if new Chairman and Vice-Chairman are elected under Rule 33 they would remain in office for a period of two years. According to the respondents this would mean that when the new Committee comes into existence it will not be able to elect its Chairman and Vice-Chairman and this would lead to complications. In this connection my attention was drawn to Rule 31 of the Rules which provides for election of Chairman and Vice-Chairman of the Committee on its constitution. It is submitted that the Chairman and Vice-Chairman who are elected on 19/09/1985 continue to hold office until new Chairman and Vice-Chairman are elected and therefore it is not necessary to hold election of the Chairman and Vice-Chairman specially in view of the fact that complications are likely to arise when the new Committee comes into existence. It is submitted that the Chairman and Vice-Chairman who are elected on 19/09/1985 continue to hold office until new Chairman and Vice-Chairman are elected and therefore it is not necessary to hold election of the Chairman and Vice-Chairman specially in view of the fact that complications are likely to arise when the new Committee comes into existence. ( 5 ) I do not see any substance in the contentions raised on behalf of the respondents. Under Sec. 11 (4) (b) the Committee continues to be in existence and this position as already observed above has not been disputed on behalf of the respondents. Under Rule 33 persons who are elected as Chairman and Vice-Chairman hold office for two years. In the instant case the election of the Chairman and Vice-Chairman was held on 19/09/1985 and therefore the term of two years has expired on 18/09/1987 It was therefore necessary to hold fresh election of Chairman and Vice-Chairman. I fail to see as to how any complications will arise on account of the election or reconstitution of the committee. Election of the Committee was held on 30/11/1985 but it has not been reconstituted on account of the election disputes which are pending before various authorities. It is because the Committee has not been reconstituted that the Committee of which the petitioner is member continues to be in existence. If the Committee continues to be in existence there is no reason why it should not elect Chairman and Vice-Chairman every two years as provided in the Rules. On the reconstitution of the Committee Rule 31 of the Rules will come into operation and election of the Chairman and Vice-Chairman of the reconstituted Committee will have to be held. The term of office of the Chairman and Vice-Chairman of the Committee cannot extend beyond the term of the Committee. Therefore even if the Chairman and Vice-Chairman are elected for a period of 2 years their term will come to an end alongwith the term of the Committee. Therefore the election of new Chairman and Vice-Chairman on the reconstitution of the Committee does not pose any problem as urged on behalf of the respondents. Therefore even if the Chairman and Vice-Chairman are elected for a period of 2 years their term will come to an end alongwith the term of the Committee. Therefore the election of new Chairman and Vice-Chairman on the reconstitution of the Committee does not pose any problem as urged on behalf of the respondents. It would appear that though it is slated in the notice Annexure `b that the election of Chairman and Vice Chairman is postponed on account of administrative reasons the respondent No. 2 had decided not to hold the election of the Chairman and Vice-Chairman for the reasons stated in the affidavit in-reply which are of no substance. It is the duty of the respondent No. 2 to call the meeting of the Committee for the purpose of holding election of the Chairman and Vice-Chairman since the term of the existing Chairman and Vice-Chairman has already expired. The contentions which are raised on behalf of the respondents are therefore rejected. ( 6 ) IN the result this petition is allowed. Respondents are directed to take necessary steps immediately for holding the election of Chairman and Vice-Chairman of the Committee and complete the election within three weeks from the date of the receipt of the writ of this Court. Rule is made absolute with no order as to costs. Writ to be sent down forthwith. Rule made absolute. .