The main legal point established in the judgment is the duty of the Election Officer to protect the rights of the voters while preparing the final voters’ list and the importance of including the names of newly elected members of 58 Gram-Panchayats in the final voters’ list to facilitate free and fair elections.

JUDGMENT :

ABHAY J. MANTRI, J.

1. The petitioner has raised the grievance that holding of election to elect the members of respondent No. 6-Agricultural Produce Market Committee, Tumsar (for short “APMC”) before completion of the election process of 58 Gram-Panchayats from Mohadi Tahsil without inclusion of the names of members/Sarpanch from these 58 Gram-Panchayats in the voters’ list, is illegal and bad in law.

2. Succinctly, the factual matrix of the case is as under:

(i) The petitioner was elected as Sarpanch of Gram-Panchayat, Hardoli, Tahsil-Mohadi, District-Bhandara in the elections held in 2017. The said Gram-Panchayat falls within the territorial jurisdiction of respondent No. 6-APMC, Tumsar. Respondent Nos. 1 and 2 are the State of Maharashtra being represented through the Secretaries of the concerned Department. Respondent Nos. 1, 3 and 5 are the authorities concerned to hold the elections of respondent No. 6-APMC, whereas respondent Nos. 2 and 4 are the authorities concerned to hold the elections of Gram-Panchayat situated in Tahsil-Mohadi within the territorial limits of APMC, Tumsar. Respondent No. 6 is the Market Committee constituted under the Maharashtra Agricultural Produce Marketing (Development & Regulation) Act, 1963 (for short “APMC Act”).

(ii) It is contended that the regular term of five years of elected members of respondent No. 6-APMC expired on 20.09.2021. However, because of various reasons, election of the said APMC could not be conducted till 10.02.2023. Finally, on 10.02.2023 respondent No. 5- Returning Officer declared the program to prepare the voters’ list for the purpose of election to respondent No. 6-APMC.

(iii) It is further stated that as per Section 13 of the APMC Act, out of 23 members of APMC, 18 are to be elected who have right to vote, whereas remaining 5 members, who held the office of APMC being representatives of constituent institute/office had no right to vote. Out of 18 elected members of APMC who have right to vote, 4 have to be elected from the members of Gram-Panchayats functioning within the territorial limits of APMC (of which 1 should be Scheduled Caste or Scheduled Tribe and 1 from Economically Weaker Section). This sub-constituency i.e. Gram-Panchayat is a part of the Agricultural Constituency.

(iv) That there are 172 Gram-Panchayats situated within the notified territorial limits of respondent No. 6-APMC, out of which 97 Gram-Panchayats are in Tumsar Tahsil and 75 Gram-Panchayats are in Mohadi Tahsil. Each of these Gram-Panchayats on an average have approximately 10 to 12 elected members which means total elected members of the Gram-Panchayats being about 1700 to 1800 in number have a legal right to vote for electing 4 members of the APMC.

(v) It is further stated that the tenures of 58 Gram-Panchayats situated within Mohadi Tahsil and territorial limits of APMC, Tumsar have expired in November 2022 (Annexure 4). Accordingly, on 09.11.2022 respondent No. 4-State Election Commission had declared the election programme to elect the Members and Sarpanch to these 58 Gram-Panchayats situated within Mohadi Tahsil. However, thereafter on 22.11.2022 respondent No. 4-State Election Commission stayed said elections of 58 Gram-Panchayats for the reasons stated in the said order. In view of the expiry of the term of these 58 Gram-Panchayats, the Chief Executive Officer, Zilla Parishad, Bhandara by an order dated 17.11.2022 had appointed Administrators on the said Gram-Panchayats.

(vi) As per the programme to prepare voters’ list dated 10.02.2023, on 20.03.2023 final voters’ list for electing members to the respondent No. 6-APMC was published i.e. two final lists for Gram-Panchayat Constituency in respect of Tumsar Tahsil and Mohadi Tahsil.

(vii) In view of the order dated 05.01.2023 passed in Writ Petition No. 3613 of 2022 along with other connected matters, respondent No. 3- State Cooperative Election Authority issued an order dated 21.03.2023 directing to hold elections to various APMCs a