Removal from office requires strong evidence of misconduct; mere advocacy for farmers' rights does not constitute misconduct.

JUDGMENT :

(1) RULE. Rule made returnable forthwith. Heard by consent of learned Senior Counsel and Counsel for the respective parties.

(2) Since Writ Petition No. 5048/2024 is treated as lead Petition, the facts and contentions stated in the said Writ Petition are set out for adjudication of the issue involved in both the Petitions and they are being decided by this common judgment.

(3) The Petitioner has challenged the order dated 22/08/2024 passed by the Respondent No. 3 – District Deputy Registrar, Co-operative Societies, Yavatmal under Section 17 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (hereinafter referred to as “the said Act”) thereby removing the Petitioner from the post of Member of the Agricultural Produce Market Committee (hereinafter referred to as “the APMC”), Ghatanji for the alleged misconduct.

(4) The facts giving rise for filing of the present Writ Petitions are as under:-

(5) On 18/12/2023, several farmers had brought their produce for auction sale at the APMC, Ghatanji, Dist. Yavatmal, however, the traders were insisting on purchasing the produce at a price much less than the Minimum Support Price (hereinafter referred to as “the MSP”) declared by the Government. The Petitioner along with one Shri Lonkar received calls from the farmers regarding such illegalities being committed by the traders with the help of the Secretary, АРМС. According to the Petitioner, the Petitioner, Shri Lonkar and one Akbar Tanwar rushed to the APMC, Ghatanji so as to establish a dialogue with the traders, however, the traders having support of the Secretary, APMC, refused to grant MSP and left the auction. Enraged by the conduct of the traders, the farmers called for a strike and Rasta Roko andolan. On the same evening, a meeting was conducted before the Tahsildar, Ghatanji, who after hearing all concerned including delegate of agriculturists, directed that appropriate action be taken against the traders insisting to buy produce at rate less than MSP. The Secretary, APMC, instead of taking appropriate action, had put the entire blame upon the Petitioner, Shri Lonkar and one Shri Akbar Tanwar and wrote a letter to the Chairman, APMC regarding action to be taken against them. It is alleged that though the alleged incident took place on 18/12/2023, after 2 days, a complaint was registered by the Respondent No. 4 against the Petitioner, Shri Lonkar and Shri Tanwar at Police Station, Ghatanji.

(6) According to the Petitioners, on 03/01/2024, the Respondent No. 5 - Chairman, APMC issued Show Cause Notice to the Petitioner, Shri Lonkar and Shri Tanwar. Against the said Show Cause Notice, they submitted their reply to the allegations levelled against them. On 27/01/2024, in the Monthly General Meeting, the Market Committee passed a Resolution bearing No. 6 against the Petitioner and Shri Lonkar to initiate Proceedings under Section 17 of the said Act, whereas the Proceedings against Shri Tanwar were adjourned sine die on the ground that he had cooperated to restart the auction after the strike was called by the farmers.

(7) According to the Petitioner, on 02/02/2024, the Respondent Nos. 4 and 5 preferred an Application under Section 17 of the said Act before the Respondent No. 3 for removal of the Petitioner from the Market Committee, APMC, Ghatanji. On 01/04/2024, the Respondent No. 3 issued Show Cause Notice to the Petitioner. The Petitioner submitted his reply to the Show Cause Notice issued by the Respondent No. 3. On 02/07/2024, the Petitioner and Shri Lonkar preferred a Revision Petition before the Respondent No. 2 against the Proceedings initiated against them. The Respondent No. 2, on the same day, stayed the Proceedings before the Respondent No. 3. On 09/07/2024, the Respondent No. 4 preferred a Writ Petition before this Court, however, this Court refused to interfere with the order passed by the Respondent No. 2 and directed him to pass the order within two weeks. According to the Petiti