Case Note & Summary
The matter came before the High Court of Judicature at Bombay, Bench at Aurangabad, on a reference made by a learned Single Judge in a batch of writ petitions concerning elections to Agricultural Produce Market Committees (APMC) under the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963. The writ petitions were filed by various individuals and gram panchayats from Latur district challenging aspects of APMC elections, including the eligibility of erstwhile and current gram panchayat members to contest and vote. The reference raised four substantial questions: (i) whether former gram panchayat members could contest APMC elections when not members on the polling date under Section 13(1)(a)(ii) and proviso to Section 15 of the Act; (ii) whether such former members could be deemed voters merely because they remained on the voters' list prepared under Rule 36 of the Agricultural Produce Market Committee Rules, 1967; (iii) whether current gram panchayat members forming the village panchayat constituency for four seats could vote and whether procedural rules should be interpreted flexibly to achieve the statutory object; and (iv) whether the village panchayat constituency could be bypassed and deprived of representation for Chairman and Vice Chairman posts. The court noted the object of the Act is to develop and regulate the marketing of agricultural produce and to secure fair prices for agriculturists, with the market committee primarily consisting of fifteen agriculturists residing in the committee's area. The judgment was reserved on 17 March 2023 and pronounced on 4 May 2023. The provided excerpt does not include the court's final reasoning or directions on the referred questions.
Headnote
A) Election Law - Agricultural Produce Market Committee Elections - Candidate Eligibility - Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, Section 13(1)(a)(ii) - The reference raised whether erstwhile members of gram panchayat could contest elections to APMC when they are not members on the date of polling; the issue turns on interpretation of the qualification provision and the question was referred for determination (Paras 2). B) Election Law - Agricultural Produce Market Committee Elections - Voter Eligibility - Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, Section 15 proviso read with Agriculture Produce Market Committee Rules, 1967, Rule 36 - The reference raised whether former gram panchayat members named in voters' list prepared under Rule 36 could vote despite extinguishment of membership on polling date; the issue concerns continuing effect of inclusion in the voters' list (Paras 2). C) Election Law - Agricultural Produce Market Committee Elections - Village Panchayat Constituency Representation - Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, Section 13(1)(a)(ii) - The reference raised whether persons constituting gram panchayat on the date of polling would be entitled to vote in their capacity as gram panchayat members forming village panchayat constituency for four members to be elected; the question was whether procedural rules should be flexed and interpreted harmoniously to fulfil statutory object (Paras 2). D) Election Law - Agricultural Produce Market Committee Elections - Bypassing Village Panchayat Constituency - Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, Sections 13, 15 - The reference raised whether the village panchayat constituency could be by-passed and kept away from having its representatives elected to the posts of Chairman and/or Vice Chairman in the given situation (Paras 2).
Issue of Consideration
Whether erstwhile/former members of gram panchayat can contest elections to APMC when not members on date of polling; whether they can be deemed voters if in voters' list under Rule 36; whether current gram panchayat members constituting village panchayat constituency can vote; and whether village panchayat constituency can be bypassed for election of Chairman/Vice Chairman.
Law Points
- Eligibility to contest APMC elections under Section 13(1)(a)(ii) of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act
- 1963
- voter eligibility under Rule 36 of Agricultural Produce Market Committee Rules
- 1967
- proviso to Section 15 of the Act
- interpretation of procedural rules in consonance with statutory object
- representation of village panchayat constituency for four seats in APMC
