Bombay High Court
Satish Ramchandra Rajput And ... vs The District Deputy Registrar Co ... on 20 October, 2016
Bench: T.V. Nalawade
WP Nos. 10493/16 & Anr.
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IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO. 10493 OF 2016
1. Satish Ramchandra Rajput,
Age: 38 years, Occu: Agril,
R/o Kobapur, Post. Kankuri,
Tq. Gangapur, Dist. Aurangabad.
2. Kailas Bisansing Rajput,
Age: 32 years, Occu: Agril,
R/o Kobapur, Post. Kankuri,
Tq. gangapur, Dist. Aurangabad.
3.
Hasraj Baban Gaikwad,
Age: 55 years, Occu: Agril,
R/o At Bolegaon, Post. Pendapur
Tq. Gangapur, Dist. Aurangabad.
4. Bisansing Hiralal Rajput,
Age: 58 years, Occu: Agril,
R/o Kobapur, Post. Kankuri,
Tq. Gangapur, Dist. Aurangabad.
5. Virsing Phulchand Rajput,
Age: 58 years, Occu: Agril,
R/o Kobapur, Post. Kankuri,
Tq. Gangapur, Dist. Aurangabad.
6. Mohan Namdev Kumavat
Age: 56 years, Occu: Agril,
R/o Sharifpur, Post. Kankuri,
Tq. Gangapur, Dist. Aurangabad.
7. Dilip Namdev Gaikwad,
Age: 52 years, Occu: Agril,
R/o Bolegaon, Post. Pendapur,
Tq. Gangapur, Dist. Aurangabad.
8. Dattatrya Kashinath Wabale,
Age: 55 years, Occu: Agril,
R/o Bolegaon, Post. Pendaur,
Tq. Gangapur, Dist. Aurangabad.
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WP Nos. 10493/16 & Anr.
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9. Laxmibai Yadav Narwade,
Age: 52 years, Occu: Agril,
R/o Bolegaon, Post. Pendapur,
Tq. Gangapur, Dist. Aurangabad.
10. Poonam Pratapsinh Parihar,
Age: 48 years, Occu: Agril,
R/o Gangapur,
Tq. Gangapur, Dist. Aurangabad.
11. Krushna Govindrao Gaikwad,
Age: 30 years, Occu: Agril,
R/o Bolegaon, Post. Pendapur,
Tq. Gangapur, Dist. Aurangabad.
12.
Mirabai Tulsiram Lahure,
Age: 55 years, Occu: Agril,
R/o Bolegaon, Post. Pendapur,
Tq. Ganagapur, Dist. Aurangabad.
13. Gorabai Bhaulal Rajpur,
Age: 55 years, Occu: Agril,
R/o Sharifpur, Post. Kankuri,
Tq. gangapur, Dist. Aurangabad. ....Petitioners.
Versus
1. The District Deputy Registrar,
Co-operative Societies, Aurangabad.
2. The Returning Officer,
Agriculture Produce,
Market Committee, Gangapur,
And Deputy Registrar,
Co-operative Societies,
Tq. Aurangabad. Dist. Aurangabad.
3. The Secretary,
Agriculture produce,
Market Committee, Gangapur,
District Aurangabad. ....Respondents.
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WP Nos. 10493/16 & Anr.
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Mr. K.J. Suryawanshi, Advocate for petitioners.
Mr. A.P. Basarkar, AGP, for respondents/State.
Mr. S.S. Dambe, Advocate for respondent No. 3.
AND
WRIT PETITION NO. 10494 OF 2016
1. Vilas Baliram Tambe,
Age: 33 years, Occu: Agril,
2. Aappasaheb Uttam Bargal,
Age: 39 years, Occu: Agril,
3. Babasaheb Yadavrao Hole,
Age: 45 years, Occu: Agril,
4. Kisan Karbhari Dangre,
Age: 39 years, Occu: Agril,
5. Ganpat Chhagan Tambe,
Age: 57 years, Occu: Agril,
6. Dattu Maroti Gaikwad,
Age: 47 years, Occu: Agril,
7. Sow. Padmabai Nanasaheb Pawar,
Age: 43 years, Occu: Housewife & Agril,
8. Sow. Mankarna Ashok Bankar,
Age: 44 years, Occu; Housewife & Agril,
9. Sukhdev Sakharam Dabhade,
Age: 58 years,Occu: Agril,
All R/o At Borgaon,
Tq. Gangapur, Dist. Aurangabad. ....Petitioners.
Versus
1. The District Deputy Registrar,
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WP Nos. 10493/16 & Anr.
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Co-operative Societies, Aurangabad.
2. The Returning Officer,
Agriculture Produce,
Market Committee, Gangapur,
And Deputy Registrar,
Co-operative Societies,
Tq. Aurangabad. Dist. Aurangabad.
3. The Secretary,
Agriculture produce,
Market Committee, Gangapur,
District Aurangabad. ....Respondents.
Mr.K.J. Suryawanshi, Advocate for petitioners.
Mr. S.N. Kendre, AGP for respondents/State.
Mr. S.S. Dambe, Advocate for respondent No. 3.
CORAM : T.V. NALAWADE, J.
DATED : 20th October, 2016.
JUDGMENT :
1) Rule. Rule made returnable forthwith. By consent,
heard both the sides for final disposal.
2) The first proceeding is filed to challenge the order
made by the District Deputy Registrar of Co-operative Societies
Aurangabad, by which the application given by the present
petitioners to include their names in voters list of one
constituency created under section 13(1) (a) (i) of the
Maharashtra Agricultural Produce Marketing (Development and
WP Nos. 10493/16 & Anr.
Regulation), Act 1963 (hereinafter referred to as 'the Act' for
short) is rejected. It is rejected on the ground that they got
elected subsequent to the last date fixed for filing nomination to
election which was 12.9.2016 and it was also not within three
days before the last date of nomination as required by Rule 36
(15) of the Maharashtra Agricultural Produce Marketing
(Development and Regulation) Rules 1967 (hereinafter referred
to as 'the Rules' for short).
3) The learned counsel for petitioners placed reliance
on the decision given by this Court in Writ Petition No.
9197/2015 with other petitions at this Bench (Subhash
s/o. Rabhaji Barde and Ors. Vs. The State of Maharashtra
and Ors.) decided on 20.8.2016. The learned counsel
submitted that this Court has considered the relevant provisions
of the Act and the Rules and this Court allowed the members of
Village Panchayat in that case to vote in the election by making
observations with regard to interpretation at para Nos. 7 and 8
which are as under :-
"7. The provision of section 13 of the Act
provides for the constitution of Marketing
Committee. The relevant portion of provision of
section 13 of the Act and Rule 35 of the Rules
show that there are four constituencies from which
WP Nos. 10493/16 & Anr.
members of the Marketing Committee are elected.
The present case is from the category of 'Village
Panchayats Constituency'. As per the provision of
section 13, the members of the Village Panchayat,
who are agriculturists, can contest the election
from this constituency [section 13(1)(a)]. However,
the provision of section 13 (1) (a) (ii) shows that all
the sitting members of Village Panchayat, over
which the A.P.M.C. has jurisdiction are entitled to
vote in the election. This provision runs as under :-
"13. Constitution of Market
Committees.- (1) Subject to the provisions of
Sub-section (2), every Market Committee
consists of the following members namely :-
(a) fifteen agriculturists residing in the
market area (being persons whose names
appear in the voter's list for the concerned
constituency and who are not less than
twenty one years of age on the date
specified, from time to time, by the Collector
or the District Deputy Registrar, as the case
may be, in this behalf) as specified below :-
(i) ...........
(ii) four (of which, one shall be a person
belonging to the Scheduled Castes or
Scheduled Tribes and one shall be a person
belonging to the Economically Weaker
Section), shall be elected by members of
village Panchayats functioning therein;"
WP Nos. 10493/16 & Anr.
8. The wording of aforesaid provision is
plain and clear and it leads to only one inference
that members of Village Panchayat, who are
functioning on the date of election, can be the
voters. If the provision is considered without
referring the rules, it can be said that if the term of
members of Village Panchayat has expired prior to
the date of voting in A.P.M.C. Election, such ex-
members cannot vote in the election and similarly,
it can be said that the sitting members, whose
term has commenced are entitled to vote in this
election if their term has commenced prior to the
date of voting."
4) The learned counsel for petitioners submitted that in
section 13, the present petitioners falls in category 13 (1) (a) (i).
This category is as under :-
"13. Constitution of Market Committees.-
(1) Subject to the provisions of Sub-section (2),
every Market Committee consists of the following
members namely:-
(a) fifteen agriculturists residing in the market
area (being persons whose names appear in the
voter's list for the concerned constituency and
who are not less than twenty one years of age on
the date specified, from time to time, by the
Collector or the District Deputy Registrar, as the
case may be, in this behalf), as specified below:-
(i) elevan (of which, two shall be women, one
WP Nos. 10493/16 & Anr.
shall be a person belonging to Other Backward
Classes and one shall be a person belonging to De-
notified Tribes (Vimukta Jatis ) or Nomadic Tribes)
shall be elected by members of the Managing
Committees of the Agricultural Credit Societies
and Multi-purpose Co-operative Societies (within
the meaning of the Maharashtra Co-operative
Societies Act, 1960 and the rules made
thereunder), functioning in the market area:
Provided that, where the market Committee
is situated in Tribal areas, one person belonging to
the Scheduled Tribes shall be elected in place of
the election of the person belonging to the De-
notified Tribes (Vimukta Jatis) or Nomadic Tribes as
aforesaid;"
5) The learned counsel for petitioners submitted that
there is only one such Society i.e. Vikas Society for each village.
He submitted that even if there are even two societies, the
member of one society cannot become the member of other
society of that village and so, it is necessary to see that there is
representation to the village as a whole in the constituency. He
further submitted that the Rules framed in that regard are not
that strict and the Rules are held to be elastic. In the case
reported as 2015 (6) ALL MR 629 [Sangli Urban Co-
operative Bank Ltd. Vs. The State of Maharashtra and
Ors.] this Court at Principal Seat has made following
WP Nos. 10493/16 & Anr.
observations :-
"Individual was nominated by the petitioner bank
when he was its director, Election of the bank and
that of the federation of the urban co-operative
banks was running parallel. As per result of
election nominated individual was not elected as a
director. Newly elected bank board substituted the
nomination with a new director and conveyed of
the federation. It was not allowed as it was not
sought ig within time frame u/R. 10(4) of
Maharashtra Co-operative Societies Election to
Committee Rules, 2013. Results of election of
bank's board were declared on the last date of
filing nominations for elections of the federation.
Underlying principle is to see to it that the
member society does not go unrepresented.
Management of member society nominates a
delegate of its choice. R.10(4) in so far as the time
period mentioned therein cannot be strictly
applied. On technicalities democratic process
should not be thwarted. In appropriate cases the
delegate can be allowed to be changed and the
time frame given in R.10 (4) cannot be construed
as a fetter to permit such change. Petition partly
allowed."
6) Rule 36 (15) which gives the period within which the
claim or objection need to be made is as under :
"Rule 36 Voters List
WP Nos. 10493/16 & Anr.
(1) .......
(15) Any persons whose name is not entered in
the final list of voters as republished under sub-
rule (14) may at any time but not later than 3 days
before the last date for nomination apply to the
Collector or the District Deputy Registrar, as the
case may be, for inclusion of his name in the list."
7) Considering the purpose behind the creation of
APMC, this Court holds that sufficient representation needs to be
given to all the Villages and if the voters from the constituency
are prevented from taking part in the election, it will defeat the
purpose of creation of APMC for agriculturists. This Court holds
that the observations made by this Court at para Nos. 7 and 8 in
the matter of Subhash cited supra need to be used in the
present matter also.
8) In the other petition, the petitioners were elected as
members on 9.9.2016 when the last date of nomination for
APMC was 12.9.2016. But, they made application for inclusion of
their names after 12.9.2016 and so, the authority had rejected
the application. Thus, the petitioners of this proceeding are on
better footing. This Court holds that they are also voters of the
aforesaid constituency. In the result, following order is made.
WP Nos. 10493/16 & Anr.
ORDER
Both the petitions are allowed. The petitioners are
allowed to vote in the election of Agricultural Produce Marketing
Committee, Gangapur which is to take place on 22.10.2016.
Rule is made absolute in aforesaid terms.
[ T.V. NALAWADE, J. ]
ssc/
