Case Note & Summary
The petitioners, comprising the Agriculture Produce Market Committee (APMC), Ralegaon, its Vice-Chairman, and an agriculturist, challenged two orders: (1) the State Government's order dated 6-1-2010 cancelling an earlier order that had postponed elections to the APMC, and directing that elections be held immediately; and (2) the consequential order dated 8-1-2010 by the District Deputy Registrar appointing an Administrator for the APMC. The APMC was constituted for five years, with its first meeting on 26-4-2004 and term expiring on 25-6-2009. The Government had earlier exercised power under Section 14(3-A) of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 to postpone elections for six months until 25-12-2009, as elections to 25 village-level Agricultural Seva Sahakari Societies had not been held. The High Court, by order dated 24-11-2009, had directed that those society elections be held before APMC elections. On 23-12-2009, the Government issued another order postponing elections from 26-12-2009 for six months, citing the Director of Marketing's opinion and the Court's direction. However, on 6-1-2010, the Government cancelled that postponement and directed immediate elections, leading to the appointment of an Administrator. The petitioners argued that the cancellation was arbitrary and contrary to the Court's earlier direction. The Court found that the Government's order of 6-1-2010 was passed without considering the earlier Court direction and the necessity of holding society elections first. The Court held that the cancellation was arbitrary and quashed both the order cancelling postponement and the consequential appointment of Administrator. The Court directed that the earlier order of postponement dated 23-12-2009 shall stand, and elections to the APMC shall be held only after the society elections are completed as per the Court's earlier direction.
Headnote
A) Agricultural Law - APMC Elections - Postponement - Section 14(3-A) of Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 - The State Government had postponed elections to APMC for six months due to non-completion of elections to 25 village-level Agricultural Seva Sahakari Societies. The Court had earlier directed that society elections be held before APMC elections. The Government later cancelled the postponement and directed immediate elections. Held that the cancellation was arbitrary and contrary to the Court's earlier direction; the earlier postponement order was valid and necessary to ensure proper electoral process. (Paras 2-6) B) Agricultural Law - Administrator Appointment - Section 14(3-A) of Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 - Consequent to the cancellation of postponement, the District Deputy Registrar appointed an Administrator for the APMC. Held that since the cancellation of postponement was invalid, the appointment of Administrator also cannot be sustained. (Para 6)
Issue of Consideration
Whether the State Government's order dated 6-1-2010 cancelling the earlier postponement of elections to the Agriculture Produce Market Committee, Ralegaon and directing immediate elections is valid, and whether the consequential order appointing an Administrator is valid.
Final Decision
The petition is allowed. The order dated 6-1-2010 passed by respondent No.1 and the consequential order dated 8-1-2010 passed by respondent No.2 are quashed and set aside. The order dated 23-12-2009 postponing elections shall stand. Elections to the APMC shall be held only after the elections to the Agricultural Seva Sahakari Societies are completed as directed by this Court on 24-11-2009.
Law Points
- Elections to Agricultural Produce Market Committee must be preceded by elections to village-level Agricultural Seva Sahakari Societies
- Section 14(3-A) of Maharashtra Agricultural Produce Marketing (Regulation) Act
- 1963
- Government's power to postpone elections must be exercised reasonably and not arbitrarily
- Court's earlier direction to hold society elections first must be complied with
