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2016 Supreme(Guj) 475
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
C.L. Soni, J.
Shree Abhay Gopalak Vividh Karyakari Sahakari Mandali Limited - Appellant
Vs.
State of Gujarat and Ors. - Respondents
Special Civil Application Nos. 2000, 2001, 2159, 2174, 2536, 2540, 2953, 2962, 3178, 3183, 3188, 3189, 3191, 3293 and 3575 of 2016
Decided On : 15-03-2016
For the Appellant :Dipen Desai, Advocate
For the Respondents:Prakash K. Jani, Addl. Advocate General and Ronak Raval, Asstt. G.P.
Headnote:
GUJARAT AGRICULTURAL PRODUCE MARKETS ACT, 1963 - SECTION 11(1)(I) - PRIMARY AGRICULTURAL CREDIT COOPERATIVE SOCIETIES - INTERPRETATION - VOTERS' LIST - PREPARATION - ELIGIBILITY - COOPERATIVE SOCIETIES DISPENSING AGRICULTURAL CREDIT - CLASSIFICATION BY REGISTRAR - RELEVANCE - DEFINITIONS FROM OTHER ACTS - APPLICABILITY - PURPOSE OF AMENDMENT ACT, 2015.
Fact of the Case:
Multiple petitions challenging impugned orders passed by authorized officer in connection with preparation of voters' list for agriculturist constituency for election of Agriculture Produce Market committee. Petitioners, cooperative societies, contended that Amendment Act, 2015 widened horizon to include all agricultural cooperative societies dispensing agricultural credits. They argued that classification done by Registrar under Societies Act cannot apply to determine whether a particular cooperative society is primary agricultural credit cooperative society or not. They submitted that no society is registered as primary agricultural credit cooperative society and phrase "primary agricultural credit cooperative societies" is not defined in Act or Societies Act. Additional Advocate General submitted that legislature intended that only those societies which have main object to advance credit and classified as primary agricultural credit societies become eligible to send their representatives from first constituency for constitution of market committee.
Finding of the Court:
Court held that legislature intended that except Primary Agricultural Credit Cooperative Societies, no other cooperative societies though dispensing agricultural credit should be made entitled to elect 8 agriculturists. Insertion of word 'primary' suggests that societies at grass root level dealing mainly in advancing agricultural credit are intended to be entitled to elect 8 agriculturists. Court found that classification made under Societies Act cannot decide status of society for purpose of Act. Court referred to various definitions of primary agricultural credit society from other Acts and held that common element is that object of such society has to be to provide financial accommodation to its members for agricultural purposes, for agricultural operations or for purpose connected with agricultural activities including marketing of crop and bye laws of which do not permit admission of any other cooperative society as member. Court held that intention of legislature was to make clear that only societies which have their main object to do principal business of providing financial assistance to their members for agricultural purpose or for activities connected with agriculture will be entitled to elect 8 agriculturists. Court held that petitioners' societies did not have main object of advancing financial assistance for agricultural purposes or for purposes connected with agricultural activities.
Issues: 1. Whether Amendment Act, 2015 widened horizon to include all agricultural cooperative societies dispensing agricultural credits? 2. Whether classification done by Registrar under Societies Act can apply to determine whether a particular cooperative society is primary agricultural credit cooperative society or not? 3. Whether definition of primary agricultural credit cooperative society can be borrowed from other Acts?
Ratio Decidendi: 1. No, Amendment Act, 2015 intended that except Primary Agricultural Credit Cooperative Societies, no other cooperative societies though dispensing agricultural credit should be made entitled to elect 8 agriculturists. 2. No, classification made under Societies Act cannot decide status of society for purpose of Act. 3. Yes, definitions from other Acts can be referred to reach meaning of Primary Agricultural Credit Co-operative Societies for purpose of Act.
Final Decision: Petitions rejected.
C.L. Soni, J.
1. Considering the nature of the common issue raised in the present group of matters, the matters are taken up for final hearing and disposal, at the notice stage with consent of the learned Advocates for the parties.
2. Though different orders are passed by the authorized officer in connection with the preparation of the voters' list for agriculturist constituency, however, as pointed out by the learned advocates, the question needs to be first answered is what meaning could be assigned to the phrase "Primary Agricultural Credit Cooperative Societies" inserted in section 11(1)(i) of the Gujarat Agricultural Produce Markets Act, 1963 ("the Act") by Gujarat Act 14 of 2015.
3. The authorized officer functioning as election officer has, while dealing with the claims of the petitioners and the objectors as regards inclusion or exclusion of the names of the persons in the voters' list, for election of the Agriculture Produce Market committee, Bhatiya and Sanand for the year 2015-16, passed impugned orders.
4. As per section 11(1)(i), (ii) and (iii) of the Act, election of members of Market Committee is to be held from three different electorate divisions (to be referred as constituencies). The present group of matters concerns the election of eight agriculturists under sec. 11(1)(i) of the Act which could be referred as first constituency. Section 11(1)(i) of the Act as existed originally read as under :
"11(1) (i) eight agriculturists who shall be elected by members of managing committees of cooperative societies (other than co-operative marketing societies) dispensing agricultural credit in the market area;"
5. Section 11(1)(i) of the Act as amended and substituted by Gujarat Act No. 21 of 2006 then read as under :
"eight agriculturists who shall be elected by members of managing committees of cooperative societies (other than co-operative marketing societies and milk produce co-operative societies) dispensing agricultural credit in the market area."
6. After the Gujarat Agricultural Produce Markets (Amendment) Act, 2015 (Gujarat Act No. 14 of 2015) was brought into force, section 11(1) (i) of the Act now reads as under :
"eight agriculturists, whose names are enlisted in the voters' list published by the Election Commission of India for such market area, shall be elected by the members of managing committee of the Primary Agricultural Credit Co-operative Societies dispensing agricultural credit in the market area."
7. The controversy in the present group of petitions is concerning preparation of voters list for the first constituency falling within section 11(1) (i) i.e. as regards election of eight agriculturists who will be the members of the market committee with other members to be elected and nominated as provided in section 11 to constitute the market committee.
8. As per section 11(1)(i) of the Act before it was amended by Amendment Act, 2015, except the cooperative marketing societies and milk producing cooperative societies, all cooperative societies dispensing agricultural credit were entitled to elect eight agriculturists to be the members of Market Committee. Now, by Amendment Act, 2015, clause (i) of section 11(1) is substituted by new clause (i) whereunder it is provided that eight agriculturists whose names are enlisted in the voters' list published by the Election Commission of India for the market area shall be elected by members of managing committee of the primary Agricultural Credit Cooperative Societies dispensing agricultural credit in the market area. Thus, only Primary Agricultural Credit Cooperative Societies are made entitled to elect eight agriculturists.
9. Learned Advocates for the parties pointed out that since the question as to which cooperative society could be said to be the primary agricultural credit cooperative society or what meaning could be assigned to the phrase "primary agricultural credit societies" arises for the first time, the Court may allow them to first address on such
