Case Note & Summary
The petitioner, Purshottam Tonpe, was elected as a member of Gram Panchayat, Mahakal. Subsequently, he contested and won election to the Agriculture Produce Market Committee, Wardha (respondent No.1) in 2010 from the constituency comprising members of Village Panchayats under Section 13(1)(a)(ii) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963. On 21-2-2012, he resigned as Sarpanch and member of Gram Panchayat, which was accepted on 26-3-2012. The respondent No.2, District Deputy Registrar, Co-operative Societies, Wardha, issued a show cause notice on 3-5-2013 proposing to remove the petitioner from the Market Committee on the ground that he ceased to be a Gram Panchayat member. The petitioner challenged this notice by filing a writ petition. The legal issue was whether a member elected to the Market Committee from the Gram Panchayat constituency must continue as a Gram Panchayat member throughout his term. The petitioner argued that the Act only requires membership at the time of election, not thereafter. The respondents contended that the constituency is meant to represent Gram Panchayats, so loss of Gram Panchayat membership should disqualify. The court analyzed Section 13(1)(a)(ii) and related provisions, noting that the Act does not impose a continuing qualification. The court held that the requirement to be a Gram Panchayat member is only at the time of election, and resignation does not disqualify. The court quashed the show cause notice and allowed the petition.
Headnote
A) Election Law - Disqualification - Resignation from Gram Panchayat - Section 13(1)(a)(ii) of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - The petitioner was elected to the Market Committee from the constituency of Gram Panchayat members. He later resigned as a Gram Panchayat member. The court held that the resignation does not disqualify him from continuing as a Market Committee member because the Act only requires that the candidate be a Gram Panchayat member at the time of election, not throughout the term. The court reasoned that the purpose of the constituency is to ensure representation of Gram Panchayats, and once elected, the member's tenure is independent. (Paras 3-12)
Issue of Consideration
Whether a member elected on the Agriculture Produce Market Committee from the constituency of elected Gram Panchayat members has a right to continue as a member of the Agriculture Produce Market Committee after he has resigned as a Gram Panchayat Member.
Final Decision
The writ petition is allowed. The show cause notice dated 3-5-2013 issued by respondent No.2 is quashed. Rule is made absolute with no order as to costs.
Law Points
- Election to Market Committee from constituency of Gram Panchayat members
- resignation from Gram Panchayat does not disqualify
- Section 13(1)(a)(ii) of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act
- 1963
- no requirement to continue as Gram Panchayat member after election
- purposive interpretation of election law
