The main legal point established in the judgment is the need for strict adherence to the prescribed timelines for inclusion in the final voters list and the consequences of disqualification due to loss of membership to the constituency represented in the context of elections to the Agricultural Produce Market Committee (APMC).

JUDGMENT

Arun R. Pedneker, J.

1. Heard.

2. We are called upon to answer the reference made by the learned Single Judge on the following issues:-

““I. Whether the erstwhile/former (past) members of gram panchayat be allowed to contest elections to membership of APMC when they are not members of gram panchayat on the date of polling, taking into account provisions of section 13 (1) (a) (ii) and proviso to section 15 of the Agriculture Produce Market Committee (Development and Regulation) Act, 1963 ?

II. Whether despite extinguishment of membership of gram panchayat on the date of polling for elections to APMC, erstwhile/former (past) members be deemed to be voters only for the reason, them being in voters' list prepared pursuant to Rule 36 of the Agriculture Produce Market Committee Rules, 1967 Rules, and should they be allowed to vote ?

III. Whether the persons constituting gram panchayat on the date of polling of elections to APMC would not be entitled to vote in said elections in their capacity as gram panchayat members forming village panchayat constituency for four members to be elected from that constituency to APMC in given/present situation and whether in such a case, procedural rules should not be required to be flexed and interpreted by harmonious, reconciliatory approach and adaptation of the same to the present/given situation, having regard to object, intention and purpose underlying main provisions of Agriculture Produce Market Committee (Development and Regulation) Act, 1963 ?”

IV. Whether in the present/given situation village panchayat constituency can be by-passed and kept away from having its representatives elected to the posts of Chairman and/or Vice Chairman ?”

Brief History

3. The object of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 is to develop and regulate the marketing of agricultural and certain other produce in the market areas to be established in the State and to confer upon the market committees powers for the purposes of connecting with such markets and to establish market fund for the purpose of the market committees. The Act provides for securing more assured regulation of marketing the agricultural and also certain other produce in market areas and the markets to be established in the State. The Act ensures agriculturists in any part of the State the benefit of marketing their produce in market. The Act is intended to secure fair price to the agriculturists for his produce. The object of the Act is to protect sellers of agricultural produce who are mostly rural people and who are unorganised in their selling activities.

4. The market committee is to be looked primarily by 15 agriculturists, who are residing in the area of operation of the agricultural market committee. Of the 15 agriculturists, 11 shall be elected by members of the managing committees of the Agricultural Credit Societies and Multipurpose Co-operative Societies functioning in the market area (hereinafter referred to as “the Societies”) and 4 shall be elected by members of village panchayats functioning in the market area. Two members are elected from the traders and commission agent holding license to operate in other market area. One member is elected from the Hamals and Weighmen operating as such in the market area.

5. The composition of the market committee are from all the stakeholders in the functioning of the market.

6. The present questions of law formulated revolve around the category covered under Section 13(1)(a)(i) & (ii) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963. As noted above, 11 agriculturists are elected from the societies and four agriculturists are to be elected by the members of village panchayats functioning in the market area. However, since the term of the societies and the village panchayats is for a specified period there are situations where the elected members of the societies and the village panchayats who are the voters of