Disqualification of sitting member.- (1) If any member of the market committee,-

1. (a) becomes subject to any of the disqualifications mentioned in section 16; or 1[(b) 2[other than an ex-officio member] absents himself for more than three consecutive ordinary meetings unless leave so to absent himself has been granted by the market committee, his seat shall be deemed to be or to have become, as the case may be, vacant and the same shall immediately be intimated to the member in writing by the market commitee:] Provided that where an application is made by a member to the market committee for leave to absent himself and the market committee fails to inform the applicant of its decision

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991

² Substituted by Act 23 of 2007 w.e.f. 16.08.2007

on the application within a period of two months from the date of the application, the leave applied for shall be deemed to have been granted by the market committee.

1. (2) Whenever the 1[question whether a person is or has become subject to disqualification under sub-section (1) arises, 2[or whether on the date of his election, the returned candidate was not qualified or was qualified to be chosen to fill the seat arises] the Director of Agricultural Marketing shall] either suo motu or on a report from the Secretary to the market committee or otherwise, and after giving an opportunity to the member concerned to be heard and holding such enquiry as he deems fit, decide the question and his decision shall be final. 1[(3) Any question for decision under sub-section (2) pending before the Deputy Commissioner shall, on the date of commencement of the Karnataka Agricultural Produce Marketing (Regulation) and Certain Other Laws (Amendment) Act, 1991, stand transferred to the Director of Agricultural Marketing and such question shall be decided by him as if it had been reported to or initiated by him.] 1[(4) Any election petitions falling under clause (a) of section 21 of the Act pending before the Civil Judge on the date of commencement of the Karnataka Agricultural Produce

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991

² Inserted by Act 38 of 2013 w.e.f. 16.3.2013.

¹ Inserted by Act 16 of 1991 w.e.f. 1.8.1991

Marketing (Regulation and Development (Amendment) Act, 2013 shall stand transferred to the Director of Agricultural Marketing and such petition shall be decided by the Director of

Agricultural Marketing as if such petition had been filed before him.]

¹ Inserted by Act 38 of 2013 w.e.f. 16.3.2013.