Case Note & Summary
The petitioner, Sopanrao Onkarrao Sathe, Chairman of the Agricultural Produce Market Committee, Malkapur, challenged a show-cause notice dated 2.6.2010 issued by the Assistant Registrar (Administration) who was holding charge of the District Deputy Registrar, calling upon him to show cause why he should not be removed from the post of Chairman. The main contention was that the notice was not issued by a competent authority, as Section 45 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 requires the notice to be issued by the District Deputy Registrar. The court examined the language of Section 45(1) and noted that the power to issue such notice is vested in the State Government, which can delegate it to the Director of Marketing or the District Deputy Registrar. The court held that the Assistant Registrar, even if holding charge, is not the District Deputy Registrar and cannot exercise the power under Section 45. The notice was therefore quashed and set aside. The court also noted that the respondents may issue a fresh notice by a competent authority if so advised.
Headnote
A) Agricultural Marketing - Show-Cause Notice - Competent Authority - Section 45 of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - The court considered whether a show-cause notice for removal of Chairman issued by an Assistant Registrar holding charge of District Deputy Registrar was valid - Held that the notice was invalid as it was not issued by the District Deputy Registrar himself, but by an officer not vested with the authority under Section 45 (Paras 3-5).
Issue of Consideration
Whether a show-cause notice issued by an Assistant Registrar holding charge of District Deputy Registrar is valid under Section 45 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963
Final Decision
The writ petition is allowed. The impugned show-cause notice dated 2.6.2010 is quashed and set aside. The respondents are at liberty to issue a fresh notice by a competent authority in accordance with law.
Law Points
- Competent authority to issue show-cause notice under Section 45 of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act
- 1963 must be the District Deputy Registrar
- not an Assistant Registrar holding charge
Case Details
2010 LawText (BOM) (07) 150
Writ Petition No.2626/2010
S.A. Bobde, A.B. Chaudhari
Shri P.C. Madkholkar for petitioner, Smt. B.H. Dangre for respondents, Shri Abhay Sambre for intervenor
State of Maharashtra through its Secretary, Department of Cooperation and Marketing, Director of Marketing, Maharashtra State, Pune, District Deputy Registrar, Cooperative Societies, Buldana
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Nature of Litigation
Writ petition challenging a show-cause notice for removal of Chairman of Agricultural Produce Market Committee
Remedy Sought
Quashing of show-cause notice dated 2.6.2010
Filing Reason
Notice issued by Assistant Registrar holding charge of District Deputy Registrar, allegedly without authority under Section 45 of the Act
Issues
Whether the show-cause notice issued by an Assistant Registrar holding charge of District Deputy Registrar is valid under Section 45 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963
Submissions/Arguments
Petitioner argued that the notice is invalid as it was not issued by the District Deputy Registrar, the competent authority under Section 45, but by an Assistant Registrar holding charge.
Respondents argued that the Assistant Registrar was holding charge and thus competent to issue the notice.
Ratio Decidendi
The power under Section 45 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 to issue a show-cause notice for removal of a member of a Market Committee is vested in the State Government, which may delegate it to the Director of Marketing or the District Deputy Registrar. An Assistant Registrar, even if holding charge of the post of District Deputy Registrar, is not the District Deputy Registrar and cannot exercise the power under Section 45. Therefore, a notice issued by such an officer is invalid.
Judgment Excerpts
Section 45 (1) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act reads thus.
The power under Section 45 is vested in the State Government. The State Government may delegate the power to the Director of Marketing or the District Deputy Registrar. The Assistant Registrar is not the District Deputy Registrar. Therefore, the notice issued by the Assistant Registrar holding charge of the District Deputy Registrar is invalid.
Procedural History
The petitioner filed a writ petition in the High Court of Judicature at Bombay, Nagpur Bench, challenging a show-cause notice dated 2.6.2010. The court heard the matter and delivered judgment on 15.7.2010.
Acts & Sections
- Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963: Section 45
