Case Note & Summary
The petitioners, Shankarrao Gajanan Choudhary and three others, were elected members of the Market Committee constituted under the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963. Their previous term ended on 20.10.2015, and they were re-elected for a subsequent term. After re-election, one Wasimoddin Matinoddin filed an application under Rule 41(1)(i) and (k) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967, seeking their disqualification on the ground that they had failed to pay arrears of market fee and other dues to the Market Committee. The District Deputy Registrar, Cooperative Societies, Akot, by order dated 05.03.2018, disqualified the petitioners from continuing as members. The petitioners appealed to the Minister of Cooperation, Marketing and Textiles, who dismissed the appeal by order dated 14.06.2019. The petitioners then filed the present writ petition challenging both orders. The main legal issues were whether the disqualification provisions under Rule 41(1)(i) and (k) were mandatory and whether the petitioners were given a fair opportunity to be heard. The petitioners argued that the rules were directory and that they were not heard before the disqualification. The respondents contended that the petitioners had been given notices and had participated in the proceedings, and that the disqualification was automatic upon non-payment. The court analyzed the language of Rule 41(1)(i) and (k) and held that the provisions are mandatory. It noted that the District Deputy Registrar had issued show-cause notices and the petitioners had responded, and that the Minister had heard the appeal. Therefore, there was no violation of natural justice. The court also observed that the petitioners had not paid the arrears despite opportunities. Consequently, the court dismissed the writ petition, upholding the disqualification orders. The judgment was delivered by Justice A.S. Chandurkar on 04.01.2020.
Headnote
A) Agricultural Marketing - Disqualification of Members - Rule 41(1)(i) and (k) of Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967 - Non-payment of Dues - The petitioners, elected members of the Market Committee, were disqualified for failure to pay arrears of market fee and other dues. The court held that the disqualification provisions are mandatory and the petitioners were given sufficient opportunity to pay but failed to do so. The appeal before the Minister was dismissed, and the High Court found no error in the concurrent findings. (Paras 2-6) B) Natural Justice - Opportunity of Hearing - Rule 41(5) of Maharashtra APMC Rules, 1967 - The petitioners contended that they were not heard before disqualification. The court noted that the District Deputy Registrar had issued notices and the petitioners had participated in the proceedings. The Minister also heard the appeal. Hence, there was no violation of natural justice. (Paras 4-5) C) Interpretation of Statutes - Mandatory Disqualification - Rule 41(1)(i) and (k) of Maharashtra APMC Rules, 1967 - The court held that the language of the rule is clear and mandatory. Once a member fails to pay dues within the prescribed period, disqualification follows automatically. The court rejected the argument that the rule is directory. (Para 6)
Issue of Consideration
Whether the petitioners were liable to be disqualified under Rule 41(1)(i) and (k) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967 for non-payment of arrears to the Market Committee, and whether the impugned orders were passed in violation of principles of natural justice.
Final Decision
The writ petition is dismissed. The order dated 05.03.2018 passed by the District Deputy Registrar and the order dated 14.06.2019 passed by the Minister are upheld. Rule is discharged. No order as to costs.
Law Points
- Disqualification of elected members of Market Committee
- Non-payment of dues
- Rule 41(1)(i) and (k) of Maharashtra APMC Rules
- 1967
- Section 16 of Maharashtra APMC Act
- 1963
- Natural justice
- Opportunity of hearing
