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Madhya Pradesh High Court · body

2018 DIGILAW 606 (MP)

Gaurav Pandey v. State of M. P.

2018-07-10

ASHOK KUMAR JOSHI, SANJAY YADAV

body2018
ORDER 1. The petitioner, pro bono, seeks direction to the State Government to constitute the Gwalior Trade Fair Authority in consonance with section 3 of the Gwalior Vyapar Mela Pradhikaran Adhiniyam, 1996 (hereafter referred as “Adhiniyam”). 2. The Adhiniyam was enacted to provide for the better management of Gwalior Trade Fair which is organized from 25th December to 07th February. The said fair is being organized since 1905; wherein, the traders and shopkeepers, cultural groups, artisans and potters participate from across the State of Jammu and Kashmir, Himachal Pradesh, Punjab and Haryana, Rajasthan, Uttar Pradesh, Gujarat, West Bengal and Odissa. As the fair affords trade opportunities, it also adds to the revenue of the State, and looking to its socio-economic importance the State legislation enacted the Adhiniyam for better management, which is accomplished by a body constituted under section 3 of Adhiniyam, which stipulates : “3. Constitution of Gwalior Trade Fair Authority.— (1) The State Government shall constitute a body to be called as “the Gwalior Trade Fair Authority” to manage and control the trade fair. (2) The Gwalior Trade Fair Authority shall have a perpetual succession and a common seal and shall sue and be sued by the said name. Constitution of Gwalior Trade Fair Authority.— (1) The State Government shall constitute a body to be called as “the Gwalior Trade Fair Authority” to manage and control the trade fair. (2) The Gwalior Trade Fair Authority shall have a perpetual succession and a common seal and shall sue and be sued by the said name. (3) The authority shall consist of the following members, namely,— (i) the Minister incharge of the Commerce and Industry Department of the State or a person nominated by the State Government who shall be the Chairperson; [(ii) a person nominated by the State Government who shall be the Vice Chairperson; (ii-a) Commissioner, Gwalior Division, Gwalior;] (iii) a representative of Commerce and Trade; (iv) a representative from the field of Arts and Culture; (v) a representative of Industry; (vi) the member of the House of People representing the constituency which wholly or partly falls within the Trade Fair area; (vii) the Member of the Legislative Assembly representing the constituency which wholly or partly falls within the Trade Fair area; (viii) the Mayor of Municipal Corporation, Gwalior; (ix) the President of the Zila Panchayat, Gwalior; (x) one representative of the Trade Fair authority of India, New Delhi; (xi) the Collector, Gwalior; [(xii) the Zonal Industries Officer, Gwalior who shall be the Secretary; (xiii) the General Manager District Industries Centre, Gwalior;] (xiv) three social workers from different fields; [(xv) the Inspector-General of Police, Gwalior.] (4) All non-official members shall be nominated by the State Government and shall hold office for a term of three years from the date they assume charge. (5) No act or proceedings of the Authority shall be invalid merely on the grounds of the existence of any vacancy in or any defect in the constitution of the Authority. (6) The non-official members shall be paid such travelling and daily allowances as may be prescribed. 3. (5) No act or proceedings of the Authority shall be invalid merely on the grounds of the existence of any vacancy in or any defect in the constitution of the Authority. (6) The non-official members shall be paid such travelling and daily allowances as may be prescribed. 3. Contention of the petitioner is that the exofficio members are readily available, however, who find mention at Serial No. (iii), (iv), (v) and (xiv) viz., a representative of Commerce and Trade; a representative from the field of Arts and Culture; a representative of Industry; and three social workers from different fields are not nominated by the State Government under section 4 of the Adhiniyam which mandates that “(4) all non-official members shall be nominated by the State Government and shall hold office for a term of three years from the date they assume charge.” 4. It is said inaction of the State in not nominating the non-official members, which has led the petitioner file this petition. 5. Respective respondents have filed reply, however, there is no whisper as to why when a statute provides for the manner and the composition of authority, the same is not constituted in said manner. 6. Thus, since non-official members at Serial No. (iii), (iv), (v) and (xiv) are not shown to have been nominated by the State, and the State having failed to establish that they have discretion not to nominate, the petition deserves to be and is allowed with the direction to the State to nominate non-official members at Sr.No. (iii), (iv), (v) and (xiv) viz., a representative of Commerce and Trade; a representative from the field of Arts and Culture; a representative of Industry; and three social workers from different fields as per sub-section (4) of section 3 of Adhiniyam. 7. The petition is disposed of finally in above terms. No costs.