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2021 DIGILAW 1560 (BOM)

Vishwanath Baburao Kadam v. State Of Maharashtra

2021-11-18

R.N.LADDHA, S.V.GANGAPURWALA

body2021
JUDGMENT 1. In all these Writ Petitions, the petitioners claim to be the members of the Primary Agricultural Societies and the Directors/ Members of the Primary Agricultural Societies. 2. Mr.Thombre, Mr.Salunke, Mr.Tripathi, Mr.Dhorde, Mr.Kishor Patil Ghute, Mr.Ingole and Mr.Kawale, learned Advocates for the petitioners contend that the respondents are proceeding further with the elections of the Agricultural Produce Market Committees (for short, "APMCs"). There are 18 electorate of the APMCs. Out of 18 electorate, 11 are the Directors of the Primary Agricultural Societies. The term of the committees of the Primary Agricultural Societies has come to an end. If the elections of the Managing Committees of the APMCs are held today, the members of the Primary Agricultural Societies would be precluded from participating in the election process of the APMCs, so also would loose opportunity to get elected as the Directors of the APMCs. Moreover, the quoram also would not complete. 3. To illustrate, it is submitted that as far as Beed is concerned, there are 144 Primary Agricultural Societies. Out of 144 Primary Agricultural Societies, the elections of 126 Primary Agricultural Societies are not held though the term is over. All the Directors of the Primary Agricultural Societies are entitled to participate in the elections of the APMCs and all the Directors of the Primary Agricultural Societies are the voters for the elections of the Managing Committee of the APMCs. It is further submitted that as per proviso to sub-sec. (1) of sec. 15 of the Agricultural Produce Marketing (Development and Regulation) Act, 1963, the term of the office of the members of APMC is co-terminus with the term such person holds as Director of Primary Agricultural Society. 4. The learned Advocates submit that if the elections of the APMCs are held de hors the participation of the members/Directors of the Primary Agricultural Societies, the elections would not be complete nor the purpose and object of holding the elections would be fructified. 5. Mr.Kadam and Mr.Dighe, learned Advocate for the State Co-operation Election Authority and the District Election Officer submit that these respondents have proceeded to conduct the elections of the APMCs pursuant to the directions of the Government. The learned Advocates further submit that they have also initiated the process for conducting the elections of the Primary Agricultural Societies in phase-wise manner. 6. The learned Advocates further submit that they have also initiated the process for conducting the elections of the Primary Agricultural Societies in phase-wise manner. 6. Mr.Dighe, learned counsel further submits that in case of Jintur APMC, there were directions issued by this Court under order dtd. 4/10/2021 directing the elections of APMC be held, the same was pursuant to the Government Resolution dtd. 30/9/2021. 7. Mr. Kale, the learned Government Pleader, on instructions received from the Ministry of Co-operative, Marketing and Textile Department submits that it is desirable and appropriate to hold the elections of the Primary Agricultural Societies before holding the elections of the Managing Committee of the APMCs and that before conducting the elections of the APMC, the Election Authority should conduct the elections of the Primary Agricultural Societies. The communication received by the learned Government Pleader from the Department of Co- operative, Marketing and Textile is placed on record and marked "X" for identification. 8. It appears from the facts and situation brought to the notice of this Court that the elections of the majority of the Societies not being held, was not put-forth before the Court while passing the order dtd. 4/10/2021 in Writ Petition No.5267 of 2020 with connected Writ Petitions. 9. Be that as it may, it has been brought to the notice that majority of the Primary Agricultural Societies would not in a position to participate in the elections of the APMCs and very purpose and object of conducting the elections would be lost if the societies do not participate. 10. We can understand if the few Primary Agricultural Societies are not in position to participate in the elections and for that purpose the elections of the APMC may not be stalled but here the majority of the Primary Agricultural Societies (Directors/members) would not be in a position to participate in the elections as is illustrated in case of Beed. Out of 144 Primary Agricultural Societies, the members/Directors of 126 societies would not be in a position to participate in the elections because the term is over. 11. Considering the above, the State Government has taken practical approach as represented by the learned Government Pleader that the State has also opined that it is appropriate to take elections of the Primary Agricultural Societies before the elections of the APMCs. 12. 11. Considering the above, the State Government has taken practical approach as represented by the learned Government Pleader that the State has also opined that it is appropriate to take elections of the Primary Agricultural Societies before the elections of the APMCs. 12. In the light of above facts and circumstances and the stand of the State Government the State Co-operative Election Authority, Taluka Co-operative Election Officer and the District Election Officer of APMC shall first conduct the elections of the Primary Agricultural Societies and thereafter all APMCs. The same shall be done expeditiously and in time bound manner. We are also being apprised, the Election Authorities have already commenced the elections of the Primary Agricultural Societies phase-wise manner, the same shall be expedited of course adhering to the time stipulations under the Statute and without wasting any further time. 13. With the aforementioned observations, the Writ Petitions stand disposed of. No costs. 14. Civil Applications stand disposed of.