The eligibility to vote in the election from a constituency is based on being a member of the Grampanchayat, and the authority has the power to make corrections in the voters' list even after its final publication.

1. By way of present petition, the petitioners have challenged the order dated 16th November 2009, passed by the District Deputy Registrar, Cooperative Societies, Jalgaon, vide which the names of the petitioners have been deleted from the voters' list of the Gram Panchayat constituency finalized for the elections of Agricultural Produce Market Committee, Amalner.

2. Mr. V.D. Hon, learned Counsel appearing for the petitioners, submits that the programme for holding general elections to the Agricultural Produce Market Committee, Amalner, was declared on 19th January 2009. He submits that vide the said programme, the eligibility date for enrollment in the electoral roll, in so far as members of the Grampanchayat is concerned, was notified as 12th November 2008. He submits that though the election was scheduled in the month of March, the same came to be postponed on account of elections to the Legislative Assembly. He submits that subsequently, vide order dated 26th October 2009, another communication was issued by the District Deputy Registrar, respondent no.2 herein, regarding finalization of the voters' list. According to the said programme, the date which was fixed for taking objections was 5th November 2009. The date for deciding objections under Rule 36(10) of the Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967 (hereinafter referred to as "the said Rules") was fixed on 16th November 2009 and the date for publication of final voters' list was fixed on 19th November 2009. It is submitted that though the names of the petitioners were included in the provisional voters' list vide order dated 16th November 2009, their names have been excluded and some other names have been included vide the impugned order. Mr. Hon, learned Counsel appearing for the petitioners, submits that since the cut off date, in so far as the Grampanchayat constituency is concerned, was 12th November 2008, the respondent no.2 has erred in deleting the names of the petitioners and including the new names.

3. Section 13 of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (For short, hereinafter referred to as "the said Act") deals with "Constitution of Market Committees". The relevant portion of Section 13 of the Act is reproduced as under :

" Subject to the provisions of sub-section (2), every Market Committee shall consist of the following members, namely :

(a) thirteen agriculturists residing in the market area (not being less than twenty-one years of age on the date specified from time to time by the Collector in this behalf), as specified below -

(i) .................................................................

(ii) four (of which one shall be a person belonging to the Scheduled Castes or

Scheduled Tribes and one shall be a person belonging to economically weaker section), shall be elected by members of the village panchayats functioning therein. "

(Emphasis supplied)

Perusal of Section 13(1)(a)(ii) would, therefore, reveal that four persons, one of which shall be a person belonging to Scheduled Castes or Scheduled Tribes and one of whom shall be belonging to economically weaker section, are to be elected to the Market Committee by the members of village panchayats. It can thus be clearly seen that the electoral college for electing a person from the said constituency, consists of members of the Village Panchayat functioning in the area of Agricultural Produce Market Committee.

4. Rule 36 of the said Rules deals with "Voters' list". The relevant Sub-Rules, for the purpose of the present petition, would be Sub- Rules 9 to 16, which read thus :

"36. Voters' list -

(1) to (8) .......................................................................

(9) Every claim or objection shall be delivered or sent by post so as to reach the office of the Collector before the date fixed by the Collector in that behalf being a date not later than one month from the date of publication of the list.

(10) The Collector, after hearing t