Case Note & Summary
The petitioners, Sopanrao Sathe (Chairman) and the Agricultural Produce Market Committee (APMC), Malkapur, challenged a notification dated 17-01-2009 issued by the District Deputy Registrar (DDR), Co-operative Societies, Buldhana, under Section 44 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, which provided for amalgamation of APMC Motala into APMC Malkapur. Initially, both committees had passed resolutions in 2005 consenting to amalgamation. However, APMC Motala withdrew its resolution on 30-12-2005, and APMC Malkapur withdrew its resolution on 04-07-2008 after new elections. Despite these withdrawals, the DDR proceeded to issue the amalgamation notification. The petitioners argued that the DDR lacked authority to amalgamate without the consent of both committees. The court examined Section 44 of the Act and noted that the provision requires the consent of the market committees concerned. Since APMC Malkapur had withdrawn its consent, the DDR could not validly issue the notification. The court held that the notification was ultra vires the Act and quashed it. The writ petition was allowed, and the rule was made absolute.
Headnote
A) Agricultural Marketing - Amalgamation of Market Committees - Section 44 of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - Consent Requirement - The District Deputy Registrar issued a notification for amalgamation of APMC Motala into APMC Malkapur despite APMC Malkapur having withdrawn its earlier resolution of consent. The court held that the power under Section 44 can be exercised only when both market committees consent; withdrawal of consent by one committee renders the process invalid. The notification was quashed as being without authority of law. (Paras 1-10) B) Agricultural Marketing - Withdrawal of Resolution - Section 44 of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - Effect of Withdrawal - APMC Malkapur passed a resolution on 10-10-2005 consenting to amalgamation but later withdrew it on 04-07-2008. The court held that once a committee withdraws its consent, the DDR cannot proceed with amalgamation. The notification dated 17-01-2009 was set aside. (Paras 3-10)
Issue of Consideration
Whether the District Deputy Registrar could issue a notification for amalgamation of two Agricultural Produce Market Committees under Section 44 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 after one of the committees had withdrawn its consent resolution.
Final Decision
The writ petition is allowed. The notification dated 17-01-2009 issued by the District Deputy Registrar, Co-operative Societies, Buldhana, under Section 44 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, is quashed and set aside. Rule is made absolute.
Law Points
- Amalgamation under Section 44 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act
- 1963 requires consent of both market committees
- withdrawal of resolution by one committee vitiates the process
- notification without consent is ultra vires
