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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT AURANGABAD BENCH
S.V. GANGAPURWALA, AVINASH G. GHAROTE, JJ.
Radhakishan Deorao Pathade – Appellant
Versus
The State of Maharashtra Through its Chief Secretary Mantralaya & Others – Respondent
Writ Petition No. 9457 of 2019
Decided on : 02-12-2019
Representation of Peoples Act - Section 15-A - A.P.M.C. Act - Section 12- Income Tax Act, 1961 - Section 10 - Constitution of India - Article 171 – Claim of compensation – Lead evidence – Jurisdiction - learned Counsel for the petitioner has invited our attention to the provisions of Section 12 (2) of the A.P.M.C. Act, 1963 and contends that by virtue of this provision, the Market Committee of an A.P.M.C., has been accorded the deemed status of a Local Authority. He therefore submits, that in light of the mandate of Section 15-A of the Representation of People Act, 1950 as the programmee for the biennial election to the Maharashtra Legislative Council from Aurangabad-cum-Jalna Local Authorities Constituency was published by the respondent No.2 on 19 July 2019, in light of the provisions of Article 171 (3) (a) of the Constitution of India, it was necessary for inclusion of the names of the Market Committee of the A.P.M.C.s in the electoral rolls, as it was a Local Authority under Section 12 (2) of the A.P.M.C. Act, 1963, and was thus entitled to vote in the elections - Learned Counsel for respondent Nos.2 and 3 has vehemently opposed this submission and contended that the same was clearly fallacious, as the Market Committee of an A.P.M.C., though being a deemed ‘Local Authority’ under Section 12 (2) of the A.P.M.C. Act, 1963, was not one, which was specified by the Parliament as being entitled to be included in the electoral rolls for the electorate of the Legislative Council – Held, It is, thus, apparent that the market committee of an A.P.M.C. , though deemed a local authority for the purpose of the A.P.M.C. Act, is not included in the Fourth Schedule of the R.P. Act, 1950, as an electorate for the purpose of elections to the Legislative Council of a State in any local authorities constituency. Since the market committee of the A.P.M.C. has not been so specified, the petitioner cannot claim any right to be included in the electoral roll to be prepared for the purpose of elections to the Legislative Council of a State in any local authorities constituency - Judgment in the case of A.P.M.C. Vs Meghraj Pundlikrao Dongre and others, 2011 (5) BCR 128 relied upon by the learned Counsel for the petitioner does not advance the case as canvassed by him. The learned Court therein, was considering an issue as to whether the A.P.M.C. Arvi was a ‘public authority’, within the meaning of Section 2 (h) of the Right to Information Act, 2005, and had went on to hold, that the Market Committee was established and constituted as an Institution of self – Government and was local authority and by law made by the State Legislature, consequently the provisions of the Right to Information Act, applied to the A.P.M.C. However, the Court in para 12 therein had rightly considered that the judgment in the case of A.P.M.C., Narela Vs. CIT, 2008 (305) ITR 1 (SC), in which it was held that in light of the explanation to Section 10 (20) of the Income Tax Act, 1961, as amended by the Finance Act, 2002 did not cover A.P.M.C. and hence was not entitled to exemption. This clearly indicates that merely being declared as a “Local Authority” under any State Statute, would not entitle it to be included in the electoral roll for the elections to the State Legislative Council as such declaration was limited for the purpose of that Statute – Petition dismissed
JUDGMENT :
Avinash G. Gharote, J.
1. Rule. Rule made returnable forthwith. Heard learned Counsel for the parties finally with their consent.
2. The present petition is filed seeking directions to hold and declare that the elected representatives of APMC are eligible and entitled to cast votes for the Maharashtra Legislative Council for the Aurangabad-cum-Jalna Local Authorities Constituency. It is submitted, that the elected representatives of the APMC’s are voters for the election of Aurangabad cum Jalna Local Authorities Constituency on the ground that the APMC is the Local Authority as per Section 12 (2) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act 1963 and therefore, are required to be permitted to cast their vote as representatives of the Local Authority for the Maharashtra Legislative Council Election. Reliance is placed upon Article 171 of the Constitution of India, Section 15-A of the Representation of Peoples Act and Section 12 (2) of the A.P.M.C. Act and the judgment of this Court in Writ Petition No.2551 of 2011 (A.P.M.C Vs. Meghraj and others).
3. The petition has been opposed by the respondent No.3 by filing reply, contending that the provisions of Article 171 of the Constitution of India relied upon by the petitioner, are clearly not attracted in the present matter and therefore the petition being misconceived, needs to be dismissed.
4. We have heard learned Counsel Shri S.S. Thombre for the petitioner, learned A.G.P. Shri Borade for respondent No.1 and Shri Alok Sharma, learned Counsel for respondents No.2 & 3.
5. Mr. Thombre, learned Counsel for the petitioner has invited our attention to the provisions of Section 12 (2) of the A.P.M.C. Act, 1963 and contends that by virtue of this provision, the Market Committee of an A.P.M.C., has been accorded the deemed status of a Local Authority. He therefore submits, that in light of the mandate of Section 15-A of the Representation of People Act, 1950 as the programmee for the biennial election to the Maharashtra Legislative Council from Aurangabad-cum-Jalna Local Authorities Constituency was published by the respondent No.2 on 19 July 2019, in light of the provisions of Article 171 (3) (a) of the Constitution of India, it was necessary for inclusion of the names of the Market Committee of the A.P.M.C.s in the electoral rolls, as it was a Local Authority under Section 12 (2) of the A.P.M.C. Act, 1963, and was thus entitled to vote in the elections.
6. Mr. Alok Sharma, learned Counsel for respondent Nos.2 and 3 has vehemently opposed this submission and contended that the same was clearly fallacious, as the Market Committee of an A.P.M.C., though being a deemed ‘Local Authority’ under Section 12 (2) of the A.P.M.C. Act, 1963, was not one, which was specified by the Parliament as being entitled to be included in the electoral rolls for the electorate of the Legislative Council.
7. For the purpose of properly appreciating the arguments of the learned Counsel for the parties, it is necessary to refer to the Preamble of the A.P.M.C. Act, 1963, which reads as under :
“An Act to develop and regulate the marketing of agricultural and certain other produce in market areas and markets including private markets and farmer consumer markets to be establish therefore in the State to confer powers upon Market Committees to be constituted in connection with or acting for purposes connected with such markets ; to establish Market Fund for purposes of the Market Committee and to provide for purposes connected with the matters aforesaid.”
Section 2 (1) (g) then defines a “local authority” as under:
“local authority” includes a Panchayat Samiti
“Section 12 (2) of the A.P.M.C. Act, 1963 reads as under :
“12. Incorporation of Market Committees.
(1) ………..
(2) Notwithstanding anything contained in any law for the time being in force, every Market Committee shall, for all purposes, be deemed to be a local authority.”
Article 171 of the Constitution of India reads as under:
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