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IN THE HIGH COURT OF BOMBAY
A.S. Chandurkar, M. S. Jawalkar, JJ.
Subash S/o Wamanrao Patil and others – Petitioners
Versus
State of Maharashtra and others – Respondents
W. P. Nos. 4731, 4733, 4923 to 4925, 4866 and 4867 of 2021
Decided On : 04-02-2022
Election Process - Agricultural Produce Market Committee - Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - Rule 3(4) of the Maharashtra Agricultural Produce Market Committee (Elections of Committee) Rules, 2017 - Section 14 A (1)(a) of the MAPM Act - The court dismissed the writ petitions challenging the cancellation of elections to the Executive Committee of various Market Committees. The court held that the election process had not commenced as the provisional voters' list was being prepared, and the Election Authority had the jurisdiction to cancel the elections. The court also found that the judgment in Vishwanath Baburao Kadam was not rendered per incuriam for failing to consider the decision in Suresh Maroti Gorale. Additionally, the court noted that a subsequent order had extended the term of the Executive Committees of Market Committees, eliminating the urgency for holding elections. The court emphasized that the right to participate in the electoral process is a statutory right and found no breach of statutory provisions, leading to the dismissal of the writ petitions.
Fact of the Case:
The writ petitions challenged the cancellation of elections to the Executive Committee of various Market Committees by the Election Authority. The petitioners argued that the election process had commenced with the preparation of the provisional voters' list and objected to the cancellation of elections. They also contended that the judgment in Vishwanath Baburao Kadam was rendered per incuriam for failing to consider the decision in Suresh Maroti Gorale. The petitioners sought a declaration that the judgment in Vishwanath Baburao Kadam was not applicable to the Market Committees in question.
Finding of the Court:
The court found that the election process had not commenced as the provisional voters' list was being prepared, and the Election Authority had the jurisdiction to cancel the elections. The court also held that the judgment in Vishwanath Baburao Kadam was not rendered per incuriam for failing to consider the decision in Suresh Maroti Gorale. Additionally, the court noted that a subsequent order had extended the term of the Executive Committees of Market Committees, eliminating the urgency for holding elections. The court emphasized that the right to participate in the electoral process is a statutory right and found no breach of statutory provisions, leading to the dismissal of the writ petitions.
Issues: The issues involved in the case included the commencement of the election process, the applicability of previous judgments, and the urgency for holding elections to the Executive Committee of Market Committees.
Ratio Decidendi: The court's decision was based on the finding that the election process had not commenced, the judgment in Vishwanath Baburao Kadam was not rendered per incuriam, and the subsequent order had extended the term of the Executive Committees of Market Committees, eliminating the urgency for holding elections. The court also emphasized that the right to participate in the electoral process is a statutory right and found no breach of statutory provisions.
Final Decision: The court dismissed the writ petitions challenging the cancellation of elections to the Executive Committee of various Market Committees, and all civil applications were also disposed of. The rule was discharged with no order as to costs.
JUDGMENT :
A. S. CHANDURKAR, J.
Since identical challenges are raised in these writ petitions, they are being decided together by this common judgment.
2. RULE. Rule made returnable forthwith and heard learned counsel for the parties.
3. Writ Petition No.4731/2021 has been filed by four petitioners. The petition no.1 is an elected Executive Committee member of a Co-operative Society that functions within the jurisdiction of Agricultural Produce Market Committee, Malkapur. The petitioner no.2 is an elected member of Gram Panchayat, Tighara within the jurisdiction of the Market Committee. The petitioner nos. 3 and 4 claim to hold traders license and hamal’s license with the Market Committee. The petitioners claim that they have a right to vote and contest the elections of the Executive Committee of the concerned Market Committee.
In Writ Petition No.4923/2021 the petitioner no.1 is an elected Executive Committee member of a Co-operative Society within the jurisdiction of Agricultural Produce Market Committee, Deoli. The petitioner no.2 is an elected member of Gram Panchayat, Kolona Chore within the jurisdiction of the Market Committee. The petitioner nos. 3 and 4 claim to hold traders license and hamal’s license with the Market Committee.
In Writ Petition No.4924/2021 the petitioner no.1 is an elected Executive Committee member of a Co-operative Society within the jurisdiction of Agricultural Produce Market Committee, Wardha and the petitioner no.2 is an elected member of Gram Panchayat, Sewagram within the jurisdiction of the Market Committee. The petitioner nos. 3 and 4 claim to hold traders license and hamal’s license with the Market Committee.
In Writ Petition No.4925/2021 the petitioner no. 1 is an elected Executive Committee member of a Co-operative Society within the jurisdiction of Agricultural Produce Market Committee, Sindi. The petitioner no.2 is an elected member of Gram Panchayat, Khadka within the jurisdiction of the Market Committee and the petitioner nos.3 and 4 claim to hold traders license and hamal’s license with the Market Committee.
In Writ Petition No.4866/2021 the petitioner no. 1 is an elected Executive Committee member of a Co-operative Society within the jurisdiction of the Agricultural Produce Market Committee, Hinganghat, the petitioner no.2 is an elected member of Gram Panchayat, Dhochi, within the jurisdiction of the Market Committee, the petitioner no.3 holds a commission agent license and the petitioner nos.4 and 5 claim to hold traders license and mapadi license respectively with the Market Committee.
In Writ Petition No.4867/2021 the petitioner no.1 is an elected Executive Member of a Co-operative Society within the jurisdiction of the Agricultural Produce Market Committee, Samudrapur. The petitioner no.2 is a member of Gram Panchayat, Kandhali within the jurisdiction of the Market Committee. The petitioner no.3 holds a commission agent license, the petitioner no.4 holds a trader’s license and the petitioner no.5 holds a hamal-mapadi license with the Market Committee.
4. By these writ petitions the petitioners pray that the State Co-operative Election Authority (Election Authority, for short) as well as other officers under the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (for short, ‘the MAPM Act’) be directed to forthwith complete the elections to the Executive Committee of the respective Market Committees pursuant to the election programme as already declared. While seeking this relief the petitioners have also prayed that it be declared that the judgment in Writ Petition No.11669/2021 (Vishwanath Baburao Kadam vs. State of Maharashtra and others) decided on 18-11-2021 at the Aurangabad Bench be declared as not being applicable to the respective Market Committees who have been arrayed as respondents herein. By amending the writ petitions a challenge is also raised to the order dated 22-11-2021 that has been issued by the Election Authority cancelling the process of
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