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1993 Supreme(Bom) 499
IN THE HIGH COURT OF BOMBAY
(NAGPUR BENCH)
Dhabe H.W. Ghodeswar M.B., JJ.
Devendra Kashirao Deshmukh.... Applicants.
Versus
Sub-Divisional Officer, Katol others.... Non-applicant.
Writ Petition No. 3008 of 1993, decided on 11/12-11-1993.
Advocates appeared :
D. K. Deshmukh, for petitioner
K. Pande, A.G.P., for respondents Nos. 1 2.
V.G. Palshikar, for respondent No. 3.
B.P. Dharmadhikari, for respondent No. 4.
S.P. Dharmadhikari, for respondent No. 5.
Headnote:MAHARASHTRA AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT, 1964
Section 13 (1) (c)-Maharashtra Co-operative Societies Act, 1961, Section (2) 22-Election to Agricultural Produce Market Committee.
Chairman of Co-operative Society-Inclusion of his name in voters list-Objection that Society not carrying on business of processing within its markei area-Society registered as processing society and not marketing society-Held, name of chairman of society in voters list liable to be removed.
Section 13 (1) (c)-Maharashtra Co-operative Societies Act, 1981, Section 2 (25)- Business of marketing.
Merely because society granted Traders licence presumable because it purchased certain agricultural produce in market area of Agricultural Produce Market Committee, it could not be said that it was doing business of marketing-Hence society not covered by clause (c) of Section 19 (1) to represent upon Marketing Committee from constituency carved out by Section 13 (1) (c)-Inclusion of name of chairman any or representatives of society in voter list prepared for constituency under Section 19 (1) (c) for election to Agricultural Produce Market Committee held not proper and liable to be removed-Phraseology Co-operative Society doing business of processing or marketing of agricultural produce in market area emphasis a on fact of actually doing business of processing or marketing in market area but not more registration of co-operative society under Act-Interpretation of statute-It can be interpreted in proper context by reference to earlier statute-Change in language in later provision not always indicative of change in construction.
Section 2 (25).
See Maharashtra Agricultural Produce Marketing (Regulation) Act, 1964-Section 13 (1) (C).
2. The facts briefly are that when the elections for the A.P.M.C., Katol, were due the Sub-Divisional Officer, Katol, i.e. the respondent No. 1 prepared voters' list for election from the constituency carved out by section 13(1) (c) of the A.P.M.C. Act. He had included the names of four co-operative Societies in the said voters' list which included the names of the petitioner, the respondent No. 4 and the respondent No. 5. The petitioner, by his Election Application No. 52/M. R. C-81/1993-94 raised an objection before the Sub-Divisional Officer, Katol to the inclusion of the name of the respondent No. 4 Society in the voters' list for election under section 13(1)(c) of the A.P.M.C. Act on the ground that it was not a marketing society within the meaning of the said section. The said objection was rejected by the Sub-Divisional Officer, Katol, by his order dated 18-10-1993. The petitioner, by Election Application No. 51/M.R.C.-81/1993-94 had also raised objection to the inclusion of the name of the respondent No. 5 Society in the voters' list for election under section 13(1)(c) of the A.P.M.C. Act on the ground that it was not carrying on any business of processing within the market area of the A.P.M.C. Katol as required by section 13(1)(c) of the A.P.M.C. Act. The said objection was also rejected by the Sub-Divisional Officer, Katol, by his order dated 26-10-1993. The Returning Officer appointed for holding the election to the A.P.M.C. Katol, i.e. the respondent No. 2 thereafter published the election programme for the purpose of election to the said A.P.M.C. under section 13(1)(c) of the A.P.M.C. Act. The said election programme also contains the names of the voters in the said constituency under section 13(1)(c) of the A.P.M.C. Act.
3. Feeling aggrieved by the inclusion of the names of the Chairman of the respondents 4 and 5 Societies in the voters' list for election to the A.P.M.C., Katol from the constituency under section 13(1)(c) of the A.P.M.C. Act, the petitioner who is also a voter in the said constituency has preferred the instant writ petition challenging the orders of the Sub-Divisional Officer, Katol, dated 18-10-1993 and 26-10-1993 rejecting his objections to the inclusion of the names of the respondents 4 and 5 Societies in the voters list for election under section 13(1)(c) of the A.M.P.C. Act and consequently also the election programme for the said constituency issued by the respondent No. 2 on 28-10-1993.
4. The principal question which arises for consideration in the instant writ petition is about the construction of section 13(1)(c) of the A.P.M.C. Act. The learned Counsel for the petitioner has urged before us that according to the scheme of sub-section(1) of section 13 of the A.P.M.C. Act the nature of any of the Co-operative Societies which form some of the constituencies for election to the Market Committee is to be understood in the same sense in which it is understood under the Maharashtra C
