Case Note & Summary
The petitioner, Radhakishan Deorao Pathade, Chairman of the Super Agricultural Produce Market Committee (APMC), Aurangabad, filed a writ petition seeking directions to hold that elected representatives of APMC are eligible to vote in the Maharashtra Legislative Council election for the Aurangabad-cum-Jalna Local Authorities Constituency. The petitioner argued that under Section 12(2) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, APMC is deemed a local authority, and thus its representatives should be voters under Article 171 of the Constitution of India. Reliance was placed on a previous judgment of the Bombay High Court in Writ Petition No. 2551 of 2011 (APMC v. Meghraj and others). The respondents, including the State of Maharashtra and the Election Commission of India, opposed the petition, contending that Article 171 was not attracted. The court, after hearing counsel, dismissed the petition, holding that APMC is not a local authority under Article 171, as it is not a body of local self-government. The deeming provision in Section 12(2) of the APMC Act is limited to the purposes of that Act and does not extend to constitutional provisions. The court found no merit in the petition and dismissed it with no order as to costs.
Headnote
A) Constitutional Law - Legislative Council Elections - Eligibility of Voters - Article 171 of the Constitution of India - The issue was whether APMC representatives are 'local authorities' entitled to vote in Legislative Council elections. The court held that APMC is not a local authority under Article 171, as it is not a municipal committee, district board, or other authority of local self-government. The petition was dismissed. (Paras 1-4)
B) Agricultural Marketing - APMC Act - Definition of Local Authority - Section 12(2) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - The court considered whether Section 12(2) deems APMC as a local authority for the purpose of Legislative Council elections. It held that the deeming provision is limited to the purposes of the APMC Act and does not extend to constitutional provisions. (Paras 2-4)
Issue of Consideration
Whether the elected representatives of the Agricultural Produce Market Committee (APMC) are eligible and entitled to cast votes for the Maharashtra Legislative Council for the Aurangabad-cum-Jalna Local Authorities Constituency.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Interpretation of 'local authority' under Article 171 of the Constitution of India
- Section 12(2) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act
- 1963
- Section 15-A of the Representation of Peoples Act
- 1951
Case Details
2019 LawText (BOM) (12) 14
Writ Petition No. 9457 of 2019
S.V. Gangapurwala, Avinash G. Gharote
S.S. Thombre for Petitioner, P.G. Borade for Respondent No.1, Alok Sharma for Respondents Nos. 2 & 3
Radhakishan Deorao Pathade
The State of Maharashtra, The Election Commission of India, The Returning Officer for Elections to Maharashtra Legislative Councils Aurangabad Cum Jalna Local Authorities Constituency
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition seeking directions to allow elected representatives of APMC to vote in Legislative Council elections.
Remedy Sought
Direction to hold that elected representatives of APMC are eligible to cast votes for Maharashtra Legislative Council for Aurangabad-cum-Jalna Local Authorities Constituency.
Filing Reason
Petitioner claimed that APMC is a local authority under Section 12(2) of the APMC Act and thus its representatives should be voters under Article 171 of the Constitution.
Previous Decisions
Reliance placed on judgment in Writ Petition No. 2551 of 2011 (APMC v. Meghraj and others).
Issues
Whether APMC is a local authority under Article 171 of the Constitution of India?
Whether Section 12(2) of the APMC Act deems APMC as a local authority for Legislative Council elections?
Submissions/Arguments
Petitioner argued that APMC is a local authority under Section 12(2) of the APMC Act and thus entitled to vote under Article 171.
Respondents contended that Article 171 is not attracted and the petition is misconceived.
Ratio Decidendi
APMC is not a local authority under Article 171 of the Constitution of India. The deeming provision in Section 12(2) of the APMC Act is limited to the purposes of that Act and does not extend to constitutional provisions regarding Legislative Council elections.
Judgment Excerpts
The present petition is filed seeking directions to hold and declare that the elected representatives of APMC are eligible and entitled to cast votes for the Maharashtra Legislative Council for the Aurangabad-cum-Jalna Local Authorities Constituency.
The petition has been opposed by the respondent No.3 by filing reply, contending that the provisions of Article 171 of the Constitution of India relied upon by the petitioner, are clearly not attracted in the present matter and therefore the petition being misconceived, needs to be dismissed.
Procedural History
The petition was filed on an unspecified date. Rule was issued and made returnable forthwith. Heard counsel for parties finally with consent. The petition was dismissed on 2nd December 2019.
Acts & Sections
- Constitution of India: Article 171
- Representation of Peoples Act, 1951: Section 15-A
- Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963: Section 12(2)
