J. N. PATEL, J.

( 1 ) HEARD the learned Counsel for the parties. This matter arises from a reference made by a two Judge Bench of this court in the case of Rajkumar s/o Laxmanprasad Kesarwani vs. Returning officer and Tahsildar, Tirora and other respondents (Writ Petition No. 2701/04) for determination of the following question by a Larger Bench :- "whether it is necessary for a candidate contesting election from the constituency as provided under section 13 (1) (a) (i) and (ii) of the maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, to be a voter from that Constituency, apart from he being an agriculturist?"

( 2 ) THE controversy has arisen in the context of the interpretation of the eligibility of a person to be a candidate for contesting an election from the constituency prescribed under section 13 (1) (a) (i) and (ii) of the Maharashtra agricultural Produce Marketing (Regulation) Act, 1963 (hereinafter referred to as "the said Act") and the Rules governing the said elections as provided under maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967 (hereinafter referred to as "the said Rules" ).

( 3 ) THE petitioner Rajkumar s/o Laxmanprasad