Case Note & Summary
The petitioner, Ashok s/o Parlhadrao Thakre, a member of the Agricultural Produce Market Committee, Digras, filed a writ petition challenging an order dated 29/4/2011 passed by the State Government under Section 14(3) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963. By that order, the term of the Managing Committee of the Market Committee was extended until a new committee comes into office, and elections were directed to be completed by 7th August 2011. The petitioner contended that the term of the Managing Committee had already expired and that the extension was without any consultation with the committee. The respondents, including the State of Maharashtra and the Market Committee, opposed the petition. The court examined the provisions of Section 14(3) of the Act, which empowers the State Government to extend the term of a managing committee for reasons to be recorded in writing. The court noted that the power is a statutory power exercisable by the State Government and does not require prior consultation with the committee. The court also observed that the extension was in public interest to ensure continuity of administration pending elections. The court held that the petitioner had no locus standi to challenge the order as the extension is a statutory function of the Government and the petitioner's rights are not affected. The petition was dismissed, and the rule was discharged. No order as to costs.
Headnote
A) Agricultural Marketing - Extension of Managing Committee Term - Section 14(3) Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - The State Government passed an order extending the term of the Managing Committee of the Agricultural Produce Market Committee, Digras, until a new committee is elected, and directed elections to be completed by 7th August 2011. The petitioner, a member of the Market Committee, challenged the order on the ground that the term had already expired and the extension was without consultation. The Court held that the power under Section 14(3) is a statutory power exercisable by the State Government and does not require prior consultation with the committee. The extension was valid and in public interest to ensure continuity of administration pending elections. (Paras 2-5) B) Agricultural Marketing - Locus Standi - Section 14(3) Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - The petitioner, a member of the Market Committee, challenged the extension order. The Court held that the petitioner has no locus standi to challenge the order as the extension is a statutory function of the Government and the petitioner's rights are not affected. The petition was dismissed. (Para 5)
Issue of Consideration
Whether the State Government's order extending the term of the Managing Committee of the Agricultural Produce Market Committee, Digras, under Section 14(3) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, is valid and whether the petitioner has any locus to challenge the same.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Extension of term of managing committee
- Power under Section 14(3) of Maharashtra APMC Act
- 1963
- No requirement of prior consultation
- Elections to be completed by specified date
