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2021 Supreme(Bom) 1739
IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
S.V.Gangapurwala, R.N.Laddha, JJ.
Vishwanath Baburao Kadam - Appellant
Versus
State Of Maharashtra - Respondent
Writ Petition No. 12486 of 2021,12193 of 2021,12178 of 2021,11679 of 2021, 11669 of 2021,12041 of 2021,12050 of 2021,.12040 of 2021, 11688 of 2021, 11681 of 20211018, 11680 of 2021, Civil Application No. 11531 of 2021, 11529 of 2021
Decided On : 18-11-2021
L.H.Kawale, Advocate, D.R.Kale, Advocate, S.K.Kadam, Advocate, Prashant H.Sukale, Advocate, K.J.Suryawanshi, Advocate, G.R.Ingole, Advocate, P.S.Patil, Advocate, V.H.Dighe, Advocate, G.D.Jain, Advocate, K.J.Ghute Patil, Advocate, P.K.Lakhotiya, Advocate, M.P.Tripathi, Advocate, R.N.Dhorde, Advocate, V.R.Dhorde, Advocate, P.S.Dighe, Advocate, Sujit Patil, Advocate, V.D.Salunke, Advocate, B.G.Londhe, Advocate, Nilkanth R.Pawade, Advocate, S.S.Thombre, Advocate, M.S.Karad, Advocate, R.R.Chandak, Advocate, V.A.Bagal, Advocate, S.B.Ghatol Patil, Advocate, Umesh Gite, Advocate, Mahesh Deshmukh, Advocate, U.L.Momale, Advocate
The central legal principle established in the judgment is the practical approach taken by the State Government to conduct the elections of the Primary Agricultural Societies before the elections of the APMCs to ensure the participation of the majority of the societies.
Headnote:
Elections - Agricultural Produce Market Committees - The court directed the elections of the Primary Agricultural Societies to be conducted before the elections of the APMCs, in line with the practical approach taken by the State Government and to ensure the participation of the majority of the societies in the election process.
Fact of the Case:
The petitioners, claiming to be members of the Primary Agricultural Societies and Directors/Members of the Primary Agricultural Societies, challenged the proceedings for the elections of the Agricultural Produce Market Committees (APMCs) as the majority of the Primary Agricultural Societies were not in a position to participate in the elections.
Finding of the Court:
The court found that the majority of the Primary Agricultural Societies were unable to participate in the elections of the APMCs due to the expiration of their term, and directed the elections of the Primary Agricultural Societies to be conducted before the elections of the APMCs, in line with the practical approach taken by the State Government.
Issues: The issues revolved around the participation of the Primary Agricultural Societies in the elections of the APMCs, the expiration of their term, and the practical approach to conducting the elections.
Ratio Decidendi: The court's decision was influenced by the practical approach taken by the State Government, which deemed it appropriate to conduct the elections of the Primary Agricultural Societies before the elections of the APMCs to ensure the participation of the majority of the societies.
Final Decision: The court directed the State Co-operative Election Authority, Taluka Co-operative Election Officer, and the District Election Officer of APMC to first conduct the elections of the Primary Agricultural Societies and thereafter all APMCs, expeditiously and in a time-bound manner.
JUDGMENT
1. In all these Writ Petitions, the petitioners claim to be the members of the Primary Agricultural Societies and the Directors/ Members of the Primary Agricultural Societies.
2. Mr.Thombre, Mr.Salunke, Mr.Tripathi, Mr.Dhorde, Mr.Kishor Patil Ghute, Mr.Ingole and Mr.Kawale, learned Advocates for the petitioners contend that the respondents are proceeding further with the elections of the Agricultural Produce Market Committees (for short, "APMCs"). There are 18 electorate of the APMCs. Out of 18 electorate, 11 are the Directors of the Primary Agricultural Societies. The term of the committees of the Primary Agricultural Societies has come to an end. If the elections of the Managing Committees of the APMCs are held today, the members of the Primary Agricultural Societies would be precluded from participating in the election process of the APMCs, so also would loose opportunity to get elected as the Directors of the APMCs. Moreover, the quoram also would not complete.
3. To illustrate, it is submitted that as far as Beed is concerned, there are 144 Primary Agricultural Societies. Out of 144 Primary Agricultural Societies, the elections of 126 Primary Agricultural Societies are not held though the term is over. All the Directors of the Primary Agricultural Societies are entitled to participate in the elections of the APMCs and all the Directors of the Primary Agricultural Societies are the voters for the elections of the Managing Committee of the APMCs. It is further submitted that as per proviso to sub-sec. (1) of sec. 15 of the Agricultural Produce Marketing (Development and Regulation) Act, 1963, the term of the office of the members of APMC is co-terminus with the term such person holds as Director of Primary Agricultural Society.
4. The learned Advocates submit that if the elections of the APMCs are held de hors the participation of the members/Directors of the Primary Agricultural Societies, the elections would not be complete nor the purpose and object of holding the elections would be fructified.
5. Mr.Kadam and Mr.Dighe, learned Advocate for the State Co-operation Election Authority and the District Election Officer submit that these respondents have proceeded to conduct the elections of the APMCs pursuant to the directions of the Government. The learned Advocates further submit that they have also initiated the process for conducting the elections of the Primary Agricultural Societies in phase-wise manner.
6. Mr.Dighe, learned counsel further submits that in case of Jintur APMC, there were directions issued by this Court under order dtd. 4/10/2021 directing the elections of APMC be held, the same was pursuant to the Government Resolution dtd. 30/9/2021.
7. Mr. Kale, the learned Government Pleader, on instructions received from the Ministry of Co-operative, Marketing and Textile Department submits that it is desirable and appropriate to hold the elections of the Primary Agricultural Societies before holding the elections of the Managing Committee of the APMCs and that before conducting the elections of the APMC, the Election Authority should conduct the elections of the Primary Agricultural Societies. The communication received by the learned Government Pleader from the Department of Co- operative, Marketing and Textile is placed on record and marked "X" for identification.
8. It appears from the facts and situation brought to the notice of this Court that the elections of the majority of the Societies not being held, was not put-forth before the Court while passing the order dtd. 4/10/2021 in Writ Petition No.5267 of 2020 with connected Writ Petitions.
9. Be that as it may, it has been brought to the notice that majority of the Primary Agricultural Societies would not in a position to participate in the elections of the APMCs and very purpose and object of conducting the elections would be lost if the societies do not participate.
10. We can understand if the few Primary Agricultural Societies are not in position
