Bombay High Court
Sanjay Uttamrao Chavan vs The State Of Maharashtra And ... on 8 November, 2017
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 9258 OF 2017
Sanjay s/o Uttamrao Chavan
age 30 years, occ. agril
r/o Chikala Tanda Lahan
Post Dongaon
Tq. Mudkhed
Dist. Nanded Petitioner
Versus
01. The State of Maharashtra
Through its Secretary
Cooperation,
Marketing and Textile Department
Mantralaya, Mumbai 32.
02. The Desk Officer,
Govt. of Maharashtra
Cooperation,
Marketing and Textile Department,
Mantralaya, Mumbai 32.
03. The Director of Marketing
Maharashtra State,
Pune.
04. The District Deputy Registrar,
Co-operative Societies,
Nanded.
05. The Assistant Registrar
Co-operative Societies,
Mudkhed
Tq. Mudkhed, Dist. Nanded
06. The Agricultural Produce Market
Committee, Mudkhed, Tq. Mudkhed
Dist. Nanded
Through its Secretary
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07. Shri Bhagwan Maroti Panewar
age 50 years, occ agril
r/o at Post Hajjapur
Tq. Mudkhed, Dist. Nanded
08. Shri Vitthal Purbhaji Pawar
age 45 years, occ. agril
r/o At Post Nivgha
Tq. Mudkhed, Dist. Nanded
09. Shri Krushna Pundlik Bainwad
age 35 years, occ. agril
r/o At Post Rjwadi
Tq. Mudkhed, Dist. Nanded
10. Smt. Anjanabai Shivaji Rathod
age 45 years, occ. agri;
r/o At Post Chikala
Tq. Mudkhed, Dist. Nanded
11 Shri Gulab Deorao Suriyawanshi
Age 30 years, occ. agril
r/o At Post Pimpalkota Chor
Tq. Mudkhed, Dist. Nanded
12. Shri Shaikh Maulana Chandsaheb
age 38 years, occ. agril
r/o At Post Vaijapur Pardi
Tq. Mudkhed, Dist. Nanded
13. Shri Ashok Pandurang Pawar
age 48 years, occ. agril
r/o At Post Pardi Vaijapur
Tq. Mudkhed, Dist. Nanded
14. Shri Nilkanth Santuka Hamand
age 45 years, occ. agril
r/o At Post Dongaon
Tq. Mudkhed, Dist. Nanded
15. Shri Ganpatrao Babarao Pawade
age 48 years, occ. agril
r/o At Post Nahayali
Tq. Mudkhed, Dist. Nanded
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16. The State Co-operative Election
Authority,
Through its Commissioner
Shivaji Nagar, Pune. Respondents
Mr. S.P. Ghatol Patil, advocate for petitioner.
Mr. S.P. Sonpawale, A.G.P. for respondents 1 to 5.
Mr. Pradeep Deshmukh, advocate holding for Mr. Y.P. Deshmukh,
advocate for respondents 7 to 15.
Mr. S.K. Kadam, advocate for respondent no.16
CORAM : R.M.BORDE &
SMT. VIBHA KANKANWADI, JJ.
DATE : 8th NOVEMBER, 2017
ORAL JUDGMENT : ( PER R. M. BORDE, J. )
1. Heard.
2. Rule. Rule made returnable forthwith. Heard finally with
the consent of learned counsel for the respective parties.
3. Petitioner is objecting to the order dated 13th July, 2017,
passed by respondent no. 4 - District Deputy Registrar, Co-
operative Societies, Nanded, directing appointment of Board of
Administrators to administer the affairs of Agricultural Produce
Market Committee, Mudkhed.
4. Petitioner contends that elections for constituting the Board
of Management of respondent no. 6 - Agricultural Produce Market
Committee, Mudkhed were conducted in the month of June 2006
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and the tenure of the elected Managing Committee came to an end
on 04.02.2011. After expiration of the term of elected board, fresh
elections were not held and were postponed under one pretext or
the other. It is informed that the elected board was granted first
extension for a period of six months by order dated 18.02.2011
and, further extensions followed on 18.08.2011, 26.03.2012 and
29.01.2013. The State Government proceeded to direct
appointment of Administrator by order dated 15.05.2015. Inspite
of appointment of Government Official as Administrator, the
elections were not held. The State Government proceeded to make
appointment of private individuals by replacing the Government
Official to conduct the affairs of the APMC by virtue of order dated
13.07.2017. No period was prescribed for continuation of the Board
of Administrators however, it is noted in the order that the same
appointed board shall continue until holding of elections.
5. Series of extensions granted in favour of the outgoing elected
body itself is in contravention of provisions of Maharashtra
Agricultural Produce Marketing (Development and Regulation) Act,
1963. In view of section 15(1) of the Act, the term of office of
members of a Marketing Committee shall be deemed to commence
on the date of the first meeting of the Marketing Committee at
which business is transacted and the term is prescribed as five
years. Section 15(3) provides that the term of office of outgoing
members shall be deemed to extend, and expire with, the date
immediately preceding the date of such first meeting. So far as the
provisions relating to appointment of Administrator after normal or
extended term of the office of members is concerned, it is provided
under section 15A(1)(b) of the Act that the Administrator or the
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Board of Administrators appointed by the Director or such
authorised officer shall manage the affairs of the Committee during
the period from the date specified in the order upto the day on
which the first meeting of the reconstituted Committee after the
election is held, and that, such election shall be held within a
period of six months from the date the Administrator or the Board
of Administrators assumes office. Proviso to sub-section (1)(b) of
section 15A provides for extension of period of six months by the
State Government in exceptional circumstances, however the
period shall not extend one year in aggregate. So far as extension
of term of the elected members after expiry of normal tenure
provided under section 14(3) of the Act is concerned, the proviso to
sub-section (3) of section 14 lays down that in the event of general
election of members of a Committee could not be held for reasons
beyond the control of the Committee before expiration of the term
of office of its members, the State Government, may by order in the
Official Gazette, extend from time to time, the term of office of any
such Committee, however, the period for which the term of office is
so extended shall not exceed the period of one year in the
aggregate. Sub-section (3A) of section 14 authorises the State
Government to exercise power to direct postponement of election of
market Committee on account of scarcity, draught, flood, fire or
any other natural calamity or rainy season or in the event of
election programme of the State legislature or the Parliament of
any Market Committee. However, the State Government is
authorised to direct postponement of election of the Market
Committee for a period not extending six months at time, and
such period shall not be extended beyond a period of one year in
aggregate. On reading sub-section (3A) and proviso to section 14
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together, it is clear that it was permissible for the State
Government to extend the term of office of the outgoing elected
Managing Committee for a duration of two years at the most.
However, in the instant matter, though the term of the elected body
has come to an end in February, 2011, till this date, i.e. until 2017,
for a period of six years, no steps were taken for holding elections
and the elected body was illegally permitted to continue in the
office even after period of two years after expiration of their tenure
upto the year 2015.
6. The second illegality that has been committed by
respondent-State is in respect of continuation of Administrator
beyond a period of one year permitted under the provisions of
section 15 of the Act. Even after lapse of two years from the date of
appointment of Administrator, the State Government has failed to
hold elections of APMC. Further, the State Government proceeded
to appoint the Board consisting private individuals who are
allegedly associated with the ruling party at State Level. It was
infact impermissible for the State Government to replace the
Government official who was holding the charge of the affairs of
the APMC by appointing a Board of private individuals by virtue of
order dated 13.07.2017.
7. Another illegality that has been committed is that the tenure
of the Board of Administrators has not been recorded in the order.
Learned AGP for the State has invited our attention to the order
passed by the State Government on 18th May, 2017, directing
postponement of election of all Market Committees in the State for
a period of six months. The State Government as such is unable
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to hold elections of APMC upto 17th November, 2017.
8. Another development that has taken place is in the shape of
Ordinance issued by the State bearing no. 9/2017 whereunder the
task of holding elections to APMC has been entrusted to the State
Co-operative Election Authority constituted under the provisions of
Maharashtra Co-operative Societies Act. This aspect has been
taken note of by the Division Bench at Principal Seat while dealing
with Writ Petition no. 329/2017 and certain directions have been
issued to the State Government. It was directed to the State
Government to publish the draft election rules to enable the State
Co-operaive Election Authority to hold elections to APMC within
eight days from the date of issuance of order i.e. 13.09.2017. The
State Government was further directed to finalise election rules on
or before 10th November, 2917 and further directions were issued
to start election process of petitioner before the Division Bench. It
is informed by the learned counsel for State Co-operative Election
Authority that the State Government did not adhere to the
directions issued by the Division Bench and has published draft
election rule only on 31st October, 2017. In any case, the State
Government shall have to finalise the election rules on or before
15th December, 2017 and, it is accordingly directed. The State Co-
operative Election Authority shall proceed to take steps for holding
elections to the AMPC Mudkhed and shall complete the process as
expeditiously as possible, preferably within a period of four months
from the date of finalisation of rules by the State Government as
directed by us i.e. before 15th April, 2018. The body of
administrators appointed in view of order dated 13th July, 2017
shall cease to hold the office and it is directed to respondent no. 1-
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State to appoint the officer of the State Government to assume
management of APMC Mudkhed, forthwith.
9. Rule is accordingly made absolute. No costs.
SMT. VIBHA KANKANWADI R.M.BORDE
JUDGE JUDGE
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