Case Note & Summary
The case involves a reference to the Full Bench of the Bombay High Court at Nagpur to resolve conflicting Division Bench decisions on the interpretation of the proviso to Section 15 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963. The petitioners, Ashok Dadaji Rechankar and Manoj Bapurji Nagapure, filed a writ petition challenging their removal as members of the Agriculture Produce Market Committee (APMC), Gondpipri, after they ceased to be members of the Managing Committee of the parent cooperative society. The learned Single Judge referred the matter to the Full Bench due to conflicting views: one Division Bench in Purshottam Tonpe v. APMC Wardha held that such members cease to be APMC members upon losing membership in the parent society, while another Division Bench in Hukumchand Amdhare v. Collector Nagpur held otherwise. The Full Bench, after hearing arguments, answered the reference by holding that the proviso to Section 15 clearly states that members elected by the Managing Committees of societies or Village Panchayats cease to be APMC members if they cease to be members of those bodies. The court reasoned that the proviso is unambiguous and must be given effect to, thereby resolving the conflict in favor of the view in Purshottam Tonpe. The matter was directed to be placed before the appropriate bench for further disposal.
Headnote
A) Agricultural Marketing - Membership of APMC - Cessation of Membership - Section 15, Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - The Full Bench considered whether members of APMC elected by Managing Committees of Cooperative Societies or Village Panchayats cease to be members upon losing membership in the parent body - Held that the proviso to Section 15 mandates that such members cease to be members of APMC upon ceasing to be members of the Managing Committee or Village Panchayat, resolving the conflict between Division Bench decisions (Paras 1-3).
Issue of Consideration
Whether the members of the APMC who are elected by the members of the Managing Committee of the Agricultural Credit Societies and Multi-purpose Cooperative Societies or the members of the Village Panchayat functioning in the market area cease to be members of the APMC on ceasing to be the members of the Managing Committee of the societies or the members of the Village Panchayat, in view of the proviso to Section 15 of the Act?
Final Decision
The Full Bench answered the reference by holding that the members of the APMC who are elected by the members of the Managing Committee of the Agricultural Credit Societies and Multi-purpose Cooperative Societies or the members of the Village Panchayat functioning in the market area cease to be members of the APMC on ceasing to be the members of the Managing Committee of the societies or the members of the Village Panchayat, in view of the proviso to Section 15 of the Act. The matter was directed to be placed before the appropriate bench for further disposal.
Law Points
- Interpretation of proviso to Section 15 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act
- 1963
- Cessation of membership of APMC upon loss of membership in parent body
- Conflict between Division Bench decisions resolved
Case Details
2021 LawText (BOM) (02) 105
Writ Petition No.4030 of 2018
Z. A. Haq, Manish Pitale, Amit B. Borkar
R. L. Khapre (Senior Advocate) a/w S.S. Ghate and R.J. Kankale for petitioners; Pankaj Jibhkate for respondent No.1; Mrs. K. S. Joshi (I/c Government Pleader) for respondent Nos.2 and 3; P. D. Meghe for respondent No.4; U.S. Dastane, A.M. Ghare, Firdos Mirza assisted the court
Ashok Dadaji Rechankar and Manoj Bapurji Nagapure
Agriculture Produce Market Committee, Gondpipri; Divisional Joint Registrar of Cooperative Societies, Nagpur; District Deputy Registrar, Cooperative Societies, Chandrapur; Sudhakar Laxmanrao Kundojwar
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Nature of Litigation
Writ petition challenging removal of members from APMC, referred to Full Bench to resolve conflicting Division Bench decisions on interpretation of proviso to Section 15 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963.
Remedy Sought
Petitioners sought to challenge their removal as members of APMC Gondpipri after they ceased to be members of the Managing Committee of the parent cooperative society.
Filing Reason
The petitioners were removed as members of APMC upon ceasing to be members of the Managing Committee of the parent society, leading to a dispute over the interpretation of the proviso to Section 15 of the Act.
Previous Decisions
Conflicting Division Bench decisions: Purshottam Tonpe v. APMC Wardha (2013) held that members cease to be APMC members upon losing membership in parent society; Hukumchand Amdhare v. Collector Nagpur (Writ Petition No.3130/2015) held otherwise.
Issues
Whether members of APMC elected by Managing Committees of Cooperative Societies or Village Panchayats cease to be members of APMC upon ceasing to be members of the parent body under the proviso to Section 15 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963?
Submissions/Arguments
Petitioners argued that the proviso to Section 15 does not automatically cause cessation of APMC membership upon loss of membership in the parent body.
Respondents argued that the proviso clearly mandates cessation of APMC membership upon loss of membership in the Managing Committee or Village Panchayat.
Ratio Decidendi
The proviso to Section 15 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, is unambiguous and mandates that members of APMC elected by the Managing Committees of Cooperative Societies or Village Panchayats cease to be members of APMC upon ceasing to be members of those parent bodies. The conflicting Division Bench decisions are resolved in favor of the view in Purshottam Tonpe v. APMC Wardha.
Judgment Excerpts
Whether the members of the APMC who are elected by the members of the Managing Committee of the Agricultural Credit Societies and Multi-purpose Cooperative Societies or the members of the Village Panchayat functioning in the market area cease to be members of the APMC on ceasing to be the members of the Managing Committee of the societies or the members of the Village Panchayat, in view of the proviso to Section 15 of the Act?
The learned Single Judge felt the need to make this reference, in view of conflicting decisions of the Division Benches of this Court...
Procedural History
The writ petition was filed before a learned Single Judge of the Bombay High Court at Nagpur. The Single Judge, noting conflicting Division Bench decisions (Purshottam Tonpe v. APMC Wardha and Hukumchand Amdhare v. Collector Nagpur), referred the question of law to a Full Bench by order dated 8th November 2019. The Full Bench heard the reference and pronounced judgment on 24th February 2021.
Acts & Sections
- Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963: Section 15
