Case Note & Summary
The petitioners, Sadashiv Pandurang Patil and Audumbar Gorakh More, were members of the Karmala Agricultural Produce Market Committee (APMC). They challenged the co-option of Mahaveer Bhairu Talekar as a member of the APMC in a meeting held on 26th October 2018. The petitioners contended that the co-option was done without complying with Section 14 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, which requires that before co-opting a member, the Market Committee must give notice to the Director of Marketing and provide him an opportunity to object. The respondents argued that the procedure was followed. The court examined the provisions of Section 14 and found that the record did not show any notice having been given to the Director of Marketing prior to the co-option. The court held that the requirement of notice and opportunity to object is mandatory, and failure to comply renders the co-option invalid. Consequently, the court quashed the co-option of Mahaveer Bhairu Talekar and directed that the matter be reconsidered in accordance with law.
Headnote
A) Agricultural Marketing - Co-option of Members - Section 14 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - The co-option of a member to the Market Committee without prior notice to the Director of Marketing and without providing an opportunity for him to object is invalid. The court held that the procedure under Section 14 is mandatory and non-compliance vitiates the co-option. (Paras 1-10)
Issue of Consideration
Whether the co-option of Mahaveer Bhairu Talekar as a member of the Karmala Agricultural Produce Market Committee in its meeting dated 26th October 2018 was valid without complying with Section 14 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963.
Final Decision
The court quashed the co-option of Mahaveer Bhairu Talekar as a member of the Karmala Agricultural Produce Market Committee and directed that the matter be reconsidered in accordance with law.
Law Points
- Co-option of members to Agricultural Produce Market Committee must comply with Section 14 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act
- 1963
- which requires notice to the Director of Marketing and opportunity for him to object
- failure to do so renders the co-option invalid.
