The State Government's discretionary powers to extend the term of APMCs must be exercised in a fair and impartial manner, supported by valid reasons, and based on a policy decision considering the impact of the Covid-19 pandemic and any complaints against the APMCs.

JUDGMENT

Shrikant D. Kulkarni, J. - Rule. Rule made returnable forthwith. With the consent of the parties, the matters are taken up for final hearing at admission stage.

2. These petitions involve similar set of facts and common question of law as such to avoid rigmarole are being disposed of by common judgment.

3. It would be convenient to have a glance on the facts of each petition.

WRIT PETITION NO. 5164/2020 (SUPER AGRICULTURAL PRODUCE MARKET COMMITTEE, AURANGABAD)

4. The election of the Super Agricultural Produce Market Committee, Aurangabad for the term of 2015-2020 was held and present petitioners were elected as members of the Managing Committee. In the first meeting held on 05.08.2015, the Chairman and Vice-Chairman were elected. The petitioners are the elected Directors of the Super Agricultural Produce Market Committee (hereinafter referred to as "the Committee"). The term of the said Committee came to be expired on 04.08.2020. Because of Covid-19 pandemic from March, 2020, the Committee could not proceed to conduct the elections before 04.08.2020.

5. The Managing Committee passed a resolution by majority on 08.06.2020 to seek an extension from the State Government in view of the provisions of Section 14 (3) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (hereinafter referred to as "the Act"). The resolution was forwarded to the District Deputy Registrar, Aurangabad with proposal for a extension. The District Deputy Registrar, Aurangabad has forwarded the proposal to the Director of Marketing, Maharashtra State, Pune with recommendation to grant one year extension to the present Committee as per Section 14 (3) of the Act.

6. The respondent No. 1/State issued impugned letter dated 23.07.2020 to respondent No. 2/Director of Marketing, Maharashtra State, Pune informing that there is no need to grant extension to the present Committee. The said impugned letter is challenged by the petitioners by invoking writ jurisdiction under Art. 226 of the Constitution of India.

7. During pendency of the petition, respondent No. 3/the District Deputy Registrar, Co-operative Societies, Aurangabad passed an order dated 05.08.2020 and appointed himself as an Administrator over the Committee. According to the petitioners, respondent No. 3 has no authority to appoint himself as an Administrator, and therefore, the impugned order is bad in law and needs to be quashed and set aside.

8. It is further contended by the petitioners that the term of all other Market Committees came to be extended by the State but only Super Agricultural Produce Market Committee is made an exception. It speaks the policy of the State to pick and choose under the political influence. The petitioners are before us in the above background.

WRIT PETITION NO. 5961/2020 (AGRICULTURAL PRODUCE MARKET COMMITTEE, GANGAKHED, DIST. PARBHANI).

9. The election of Agricultural Produce Market Committee, Gangakhed, Dist. Parbhani was held for the term from 2014-2015 to 2019-2020. The petitioners were elected as members of the said Committee. The term of five years of the said Committee came to an end on 05.05.2020. Due to Covid-19 pandemic, the elections of Co-operative Societies were postponed for a period of six months. The petitioners have forwarded the proposal for extension of term to the present Committee. The Assistant Registrar, Co-operative Societies, Gangakhed recommended the proposal to the District Deputy Registrar, Parbhani and in turn, the District Deputy Registrar, Parbhani forwarded that proposal to the Secretary, Co-operation, Textile and Marketing Department, Mantralaya, Mumbai.

10. The proposal of the Committee was pending before the Government. During pendency of the proposal, the District Deputy Registrar, Parbhani passed an impugned order dated 27.08.2020, thereby, appointed Administrator on the Gangakhed Agricultural Produce