1. ' MEHTA KAILASH NATH KOHLI, J.---Constitutional petitions Nos. 256, 327 and 353 of 2005, are disposed of vide this common order.
2. ' Facts of the case, in Constitutional Petitions Nos. 256 and 327 of 2005, are that Hazar Ganji Market Committee is establishment under Balochistan Agricultural Produce Markets Act, 1991 and affairs of the Market Committee are regulated through Balochistan Agricultural Produce Market General Rules, 1995. It is the claim of petitioner Sher Zaman Bazai (in C.P. Nos. 256 and 327 of 2005) that he was appointed as member of Market Committee through Notification dated 25th February, 2004 issued by the Secretary, Government of Balochistan, Agriculture Cooperative and Food Department. It is further stated that the previous Chairman of the Market Committee had not managed the affairs, therefore, the members of the Committee moved a no confidence motion against him, and; accordingly, no confidence motion was approved by the House through resolution dated 15th March, 2005. It was further stated that members of the 'committee elected the petitioner as Chairman, and one Saifullah was elected as Vice-Chairman, and accordingly; Secretary Government of Balochistan Agriculture Department (respondent No,2 in C.P. No,327 of 2005) vide Notification dated 15th March, 2005 notified the election of petitioner, and; newly elected office bearers were directed to assume charge of their respective office and start the official functions as per law. It is the claim of petitioner that after his assumption of charge of the office, respondents are not permitting him to perform his functions as per notification dated 15th March, 2005 and according to the provisions of law. It is further case of the petitioner that under the Balochistan Agricultural Produce Markets Act and Rules framed thereunder, the role of director, agriculture, Economics and Marketing (respondent No,1), is only supervisory and he has no authority to directly manage or interfere in the affairs of Committee; as per rules, the functions of Committee are being run by the Chairman of the Committee, and; authority of Secretary is governed under Rule 69 of the aforesaid Rules of 1995. The claim set up by petitioner in Constitutional petition No,256 of 2005 is that respondents through cheques are drawing money from the Banks, in excess of their authority against the relevant provisions of law. Petitioner agitated the above act of respondents by way of letter and notices to the concerned officials as well as to the bank authorities, but the respondents are still illegally operating the bank accounts of Committee. Allegations of misappropriation and misuse of Committees' property and vehicle, have been levelled against the respondents. Following prayer was made in Constitutional Petition No,256 of 2005:-- "It is accordingly respectfully prayed that it may be declared:--
(a) That the respondents are under obligation to allow the petitioner to perform functions in accordance with the provisions of Balochistan Agriculture Produce Markets Act, 1991 and rules made thereunder.
(b) The respondents be directed not to interference in the affairs of the Market Committee and restrain from operating back account, entering into contracts and dealing with the financial affairs of the Market Committee.
(c) Respondent No,1 be directed to restore the custody of vehicle Pajero No,QAH-5262 to the petitioner being the property of the Market Committee.
(d) Any other order as may be deemed fit and appropriate in the circumstances of the case may also be awarded in the interest of justice."
3. ' Record shows that after issuance of notices, this Court in Constitutional petition No,256 of 2005 vide order dated 30th June, 2005 maintained status quo in respect of account of this Committee and also directions were made to deliver the vehicle to Committee.
4. ' It is the claim of petitioner in Constitutional petition No,327 of 2005 that the functions of petitioner in accordance with rules, was not appreciated by members of the Market Committee as well as Agriculture Department. It is stated that funds amounting to twenty seven crore rupees is on the disposal of Market Committee and, certain persons are interested in the affairs of Committee. It is further stated that the respondents in connivance with previous Chairman of the Committee, in order to frustrate the orders passed in above constitutional petition, pursuant to letter No,SOA(II)5/50/2004/M.C. Fee dated 16th July, 2005, respondent No,1 vide Letter dated 18th July, 2005, terminated the membership of existing Market Committee, Quetta, as the period of same was expired pursuant to Notification No;.SOA(II)5-50/2000- Agric./8754-66 dated 29th June, 2000 (for a period of three years). Following prayer has been made in the Constitutional petition No,327 of 2005:-- "It is accordingly respectfully prayed that it may be declared:
(a) That the letter No,SOA(II)5-50/2004/M.C.Fee dated 16th July, 2005 and order dated 18th July, 2005, are patently illegal, mala fide in excess of authority and of no legal effect.
(b) That the petitioner continuous to be the member of the Committee till the expiry of the term after holding of the election in year 2003 and in any case would continue to be the member till such time, the successor is not appointed.
(c) Pending disposal of petition, the operation of letter No,SOA(M5-50/2004/M.C.Fee dated 16th July, 2005 and order dated 18th July, 2005 be suspended.
(d) Any other order as may be deemed fit and appropriate in the circumstances of the case may also be awarded M the interest of justice."
5. ' Facts of the case in Constitutional petition No,353 of 2005 are that petitioner Mir Attaullah Mengal and one Malik Muhammad Jan were elected as Chairman and Vice-Chairman of Agriculture and Produce Market Committee Quetta on 24th June, 2003 by the competent authority. It is further stated that petitioner after taking the charge of Chairman, Market Committee Quetta was performing his duties with full confidence of other members of the Committee, consisting of seventeen members. It is also stated that the petitioner along with other sixteen members were elected for a period of three years in 2000, as the body was incomplete, as such, after litigation, election of Chairman and Vice-Chairman was held in the year 2003, as per directions of competent court of civil jurisdiction, and; body of the Market Committee was completed after appointment of petitioner as Chairman. It is the case of petitioner that the post of grower became vacant on account of death of Muhammad Naeem Kasi, and; one Sher Zaman (petitioner in Constitutional petitions Nos.256 and 327 of 2005), who was close friend of the then Secretary Agriculture; was illegally appointed as member by the then Secretary, against the Act and Rules of Balochistan Agriculture Produce Market Committee on 25th February, 2004. It is further case of the petitioner that after said illegal appointment of Sher Zaman, he started manoeuvring against petitioner and by using his friendly relationship with the then Secretary Agriculture, moved an application for no confidence motion against petitioner, in result of said conspiracy, Sher Zaman succeeded to become Chairman of the Market Committee vide notification dated 15th March, 2005. The above said action was challenged before this Court by way of filing constitutional Petition, which was disposed of with the di rection to approach the competent Court of civil jurisdiction, as such, petitioner filed suit for declaration, cancellation and injunction in the Court of Senior Civil Judge-I, Quetta, which is pending adjudication. It is the stand of petitioner that respondent No,1 issued letter dated 18th July, 2005 in pursuance to letter dated 16th July, 2005, whereby; membership of the existing Market Committee has been terminated on expiry of the term; petition got knowledge of said act of respondent No,1 through publication made in daily Jang newspaper, edition of 19th July, 2005, wherein; applications for new membership for the year 2005 to 2008 were invited. Following prayer has been made in Constitutional petition No,353 of 2005:-- " It is accordingly respectfully prayed that letter No,SOA(II) 5-5-/2004/M.C.Fee dated 16-7-2005 and Order No,1793- 1800/43/M.C.Q. Dated 18-7-2005 issued by respondent No,1 at the instance of respondent No,2 may kindly be declared as illegal, based on malafide intention and in excess of authority and the membership of petitioner along with other members may kindly be ordered to be continue till completion of them i,e, till 2006.
6. ' Any other relief which this Honourable Court may deem fit and proper in the circumstances of the case may also be awarded."
7. ' We have heard Mr. H. Shakeel Ahmed learned counsel for petitioner in Constitutional petitions Nos.256 and 327 of 2005, while Mr. Waseem Khan Jadoon learned counsel for petitioner in Constitutional Petition No, 353 of 2005, and; Mr. Tahir Muhammad Khan, learned counsel along with Mr. M. Salah-ud-Din Mengal, learned Advocate General appeared on behalf of respondents.
8. It has been contended by Mr. H. Shakeel Ahmed learned counsel appearing for petitioner that the original Market Committee was constituted in the year 2000, while elections for the posts of Chairman and Vice-Chairman, was held vide order dated 7th April, 2003 as the matter remained under litigation; it was thus contended that the period of said Committee would commence from 7th April, 2003. It was further case of petitioner that in any case, petitioner being successor of the Chairman could enjoy period of three years being chairman of the Committee. It was further case of the petitioner that the petitioner was elected as Chairman after the earlier Chairman having been terminated, was lawful electee of the same and could not be dislodged unless period of three years is expired.
9. Mr. Waseem Khan Jadoon, learned counsel appearing for petitioner Mir Attaullah Mengal also contended that the petitioner was elected for a period of three years and that period will expire in the year 2006, and he could not have been removed earlier than that period, as ordered by Director Agriculture, vide order dated 18th July, 2005.
10. ' On the other-hand, Mr. Tahir Muhammad Khan learned counsel for respondents has contended that under the provisions of section 10 read with section-13 of The Balochistan Agricultural Produce Markets Act, 1991, every member shall hold office for a period of three years from the date of his appointment and not any date later to the same. It was further contended that section-11 of the Act, 1991 did not provide for no confidence, as such, any action taken by the Director Agriculture or Secretary Agriculture is coram non judice and cannot make basis for filing of these petitions.
11. Learned Advocate General appearing for Government of Balochistan has also supported the arguments, advanced by the learned counsel for respondents, and; was of the view that the period commencing from the date i,e, date of appointment is not subsequent thereof.
12. ' We have considered the arguments advanced by parties learned counsel and perused the record. It is an admitted feature of the case that Market Committee was constituted comprising of seventeen members in the year 2000 and question for determination is the date of commencement and life period of the said Committee. In order to determine the same, we have examined the scheme under section-8 of the Act, which provides that there can be either ten or seventeen members of the Committee. In case of seventeen members, section 8(3)(b) provides that nine members from growers of the notified market area, five members holding trade licence and one members from persons working as a weighman, broker or palledar from the notified market area, and; one member from amongst the consumers resident in the market area concerned. It is also mentioned by the Legislature that in any case of any dispute with regard to eligibility of a person to be the member and entitled to be appointed, the decision of Deputy Commissioner, shall be final. Section-9 of the Act provides the duties of Market Committee and section-10 provides period of membership. It would be profitable to reproduce section-10 as well as section-13 of the Balochistan Agricultural Produce Markets Act, 1991, which are inter relatable, so far as question of period of membership is concerned:-- "10. Period of office member.--Subject to the provisions of section 13, every member shall hold office for a period of three years from the date of his appointment and if on the expiry of this period no person is appointed to succeed him, such member shall unless the Government otherwise directs, continue to hold office until his successor is appointed."
13. "13. Filling of vacancies.--If any vacancy of a member of a market committee occurs due to his death, resignation, transfer or retirement or is caused by the removal of any member in accordance with the provision of section 11, Government may appoint any person as a member to fill such vacancy in accordance with the provisions of section 8: ' Provided that term of office of the member so appointed shall expire on the same date as the term of office of the vacating member would have expired had the latter held office for the full period allowed under section 10 unless there be delay in appointing a new member to succeed the member first mentioned above, in which case it shall expire on the date on which his successor is appointed by the Government."
14. The above provision of section-10 clearly provides that the period of limitation would start from the date of appointment and in any case, if no person is appointed to succeed, he shall continue to hold the office, until his successor is appointed. Section 13 provides that in case if a vacancy falls vacant due to the death of a member, resignation, transfer, retirement or removal, as per section 11 of the Act, the Government may appoint any person a member to fill in such vacancy in accordance with section-8. The proviso further clarifies that a person so appointed can enjoy the remaining period of the predecessor in whose place, he steps into shoes. However, the period would expire only if delay is caused in appointment of a member by the Government and it will be counted from the dates of his appointment for the remaining period.
15. ' From perusal of above provisions, it is to be seen that the law has provided appointment of members of the Market Committee, however, section-12 provides that the Market Committee shall elect from amongst its members, the Chairman and Vice-Chairman. A definite tenure has been provided for Market Committee and members thereof and is not relatable to Chairman and Vice- Chairman The contention of learned counsel that the election of Chairman and Vice-Chairman held on 7th April, 2003 would be the starting point, is not correct. The word `Date of appointment' has been mentioned in sections 10 and 13 of the Act.
16. The word 'date' has been interpreted by Black's Law Dictionary (Fifth Edition) at page 356:-- "Date... ... ... ...The word is derived from the Latin word "datum" meaning given and is defined as the time given or specified-in-some way ascertained and fixed. The time when an instrument was made, acknowledged, delivered or recorded; the clause or memorandum which specifies that fact; and the time from which its operation is to be reckoned."
17. ' The said word has also been interpreted in Wharton's Law Lexicon (Fourteenth Edition) at page 298, in the following terms:-- "Date.... That part of a deed, writing, or letter which expresses the day of the month and year in which it was made."
18. ' The word 'appointment' has also been defined by Black's Law Dictionary (Fifth Edition) page 91, in the following terms:-- "Appointment. The designation of a person, by the person or persons having authority therefor, to discharge the duties of some office or trust."
19. ' The interpretation of above words contemplates that time and period as provided under section- 10 of the Act, would start commencing from the date of appointment and not from any later date relating to the same. The Legislature has fixed the period of three years; which has also provided the commencing point of period i,e, date of appointment. As such, any other date, whereby, the Chairman or Vice-Chairman were elected, would be of no avail to enlarge the period of limitation, which is not the intention of the Legislature. It is always the intention of the Legislature, which is to be seen. The actual specified period has been incorporated and this cannot be given effect from any other date.
20. ' In the circumstances of the case, we are of the considered opinion that the life time of the Committee provided by law is three years and commencing date would be from the date of appointment. The arguments advanced by Mr. H. Shakeel Ahmed learned counsel appearing for petitioner, thus; has no force and is accordingly repelled. The other contention of learned counsel that till new committee is appointed the said committee shall continue to succeed. It depends upon discretion of the Government and in any case, if other persons are not' appointed as member of the committee can continue to succeed unless otherwise any order is made by the competent authority i,e, the Government of Balochistan.
21. In view of the reasons stated above, we are of the opinion that the petitioners cannot claim more than period of three years, as of right as member of the Committee. It is within the discretion of the Government, either to allow them to continue or to appoint new Committee, as provided by the Balochistan Agricultural Produce Markets Act, 1991. We have been informed in this case that another Committee has been formed and final notification is awaited on account of interim orders made by this Court.
22. For the reasons stated above, we see no force in the petitions, the same are dismissed in limine, with no order as to costs.