(A.S. Chandurkar, J.)

1. Heard Shri Paliwal, the learned Counsel for the petitioner, Shri A. M. Ghare, the learned Counsel for respondent No.1 and Ms. P. D. Rane, the learned Assistant Government Pleader for respondent Nos.2 & 3.

2. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

3. The short question that arises in the present writ petition is whether a member elected on the Agriculture Produce Market Committee from the constituency of elected Gram Panchayat members has a right to continue as a member of the Agriculture Produce Market Committee after he has resigned as a Gram Panchayat Member.

4. The petitioner was, initially, elected as a member of Gram Panchayat, Mahakal. By virtue of provisions of Section 13(1)(a)(ii) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (hereinafter referred to as the Act of 1963), the petitioner contested the elections to the respondent No.1 Market Committee in the year 2010 from the constituency comprising of members of Village Panchayats and was duly declared elected. Thereafter, on 21-2-2012, the petitioner resigned from the post of Sarpanch and member