The right to continue in an elected office is a statutory right, and the provisions of the Act of 1963 do not confer an automatic extension of the APMC's term but provide for the appointment of an Administrator in certain circumstances.

Z.A. HAQ, J.:

1. Heard the learned Counsel for the parties.

2. Rule. Rule is made returnable forthwith.

3. The petitioner, an elected Director of the Agricultural Produce Market Committee (APMC), has filed this Writ Petition challenging the order dated 12th of August, 2013 issued by the District Deputy Registrar, appointing the Administrator. The submission of the petitioner is that the elections of the APMC had taken place in 2008 and the first meeting of the APMC was held on 18th of July, 2008 and the APMC was constituted for five years as provided under section 14(3) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (hereinafter referred to as “Act of 1963”) and the term of the APMC has come to an end on 17th of July, 2013. The petitioner has stated that he had issued communication dated 8th of July, 2013 to the respondents requesting them to conduct the elections of the Board of Directors. In reply, it was informed that in view of the Notification dated 8th of February, 2013, the term of the APMC was extended for six months from the date of the Notification i.e. from 8th of February, 2013. The petitioner has stated that the Hon'ble Members of the Legislative Assembly of Amaravati District had made representation dated 31st of July, 2013 to the Hon'ble Minister Agricultural and Marketing and to the Guardian Minister of Amravati District requesting for appointment of the Administrator on the A.P. M.C. The petitioner has stated that the appointment of the Administrator on the APMC is illegal, as the extension of six months has to be treated from 18th of July, 2013 and the Administrator could not have been appointed on 12th of August, 2013.

4. Shri Ingole, the learned Advocate for the petitioner, has submitted that the APMC has taken appropriate steps to see that the elections are conducted on time and there is no fault on its part for delay in holding the elections. The learned counsel has relied on the judgment reported in 2010 (4) Mh. L.J. 360, Babasaheb Apparao Akat v. State of Maharashtra and submitted that the appointment of the Administrator straightway is not justified and the respondent-State was under an obligation to exercise its power under the second proviso to section 14(3) of the Act of 1963 and to grant the extension of six months from 18th of July, 2013.

5. Smt. Bharti Dangre, learned Additional Government Pleader, has submitted that claim as made by the petitioner is misconceived. The learned Additional Government Pleader has further submitted that the second proviso to section 14(3) of the Act of 1963 gives discretion to the State Government to extend the term of the APMC if elections are not held for the reasons beyond the control of the members of the APMC. The learned Additional Government Pleader has submitted that above referred proviso does not give any right to the members to continue beyond the term of five years and it does not caste an obligation on the State Government to grant the extension. The learned Additional Government Pleader has submitted that section 15A of the Act of 1963 lays down that notwithstanding anything contained in sub-section 15(3) or any other provisions of the Act, where the term of five years under the proviso to sub-section 14(3) of the members of any Market Committee, has expired, the Director or any Officer not below the rank of the District Deputy Registrar of Cooperative Societies, authorized by him shall direct that all members of the Committee shall, as from the date specified in the order, cease to hold and vacate their offices as members or otherwise; and the Administrator or the Board of Administrators shall be appointed during the period from the date specified in the order up to the day on which the first meeting of the reconstituted Committee after the election is held.

6. The learned Additional Government Pleader has submitted that the provisions of section 15A of the Act of 1963 are mandatory and powers have to be exer