Bombay High Court Allows Panchayat Samiti Member's Nomination to Market Committee Over Chairman's Claim — Rule 40A of Maharashtra Agricultural Produce Marketing Rules, 1967 Cannot Override Section 13(1)(d) of the Act. The court held that the Panchayat Samiti's resolution electing a member as its representative under Section 13(1)(d) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 is valid and cannot be overridden by Rule 40A of the Rules.

High Court: Bombay High Court Bench: NAGPUR In Favour of Accused
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Case Note & Summary

The petitioner, Rajeshri Arun Munghate, a member of the Panchayat Samiti, Gadchiroli, challenged an order of the District Deputy Registrar, Cooperative Societies, Gadchiroli, dated 2 May 2014, which rejected her nomination as the representative of the Panchayat Samiti on the Market Committee constituted under the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963. The Panchayat Samiti, in its meeting held on 17 December 2013, passed Resolution No. 9 electing the petitioner as its representative under Section 13(1)(d) of the Act. However, the District Deputy Registrar held that since the Chairman of the Panchayat Samiti (respondent no. 4) was willing to act as the representative, the petitioner could not be permitted. The petitioner argued that Section 13(1)(d) allows the Panchayat Samiti to elect any member, not necessarily the Chairman, and that Rule 40A of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967, which requires communication of the Chairman's name, cannot override the parent Act. The court agreed, holding that Rule 40A must be read down to be consistent with Section 13(1)(d), and that the Panchayat Samiti's resolution electing the petitioner was valid. The court quashed the impugned order and directed the respondents to accept the petitioner's name as the representative.

Headnote

A) Statutory Interpretation - Rule cannot override Act - Section 13(1)(d) Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 read with Rule 40A of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967 - The court held that Rule 40A, which mandates communication of the Chairman's name as representative, cannot override the parent Act which permits the Panchayat Samiti to elect any member as its representative. The rule must be read down to be consistent with the Act. (Paras 6-8)

B) Agricultural Marketing - Nomination of Representative - Section 13(1)(d) Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - The Panchayat Samiti passed a resolution electing the petitioner, a member, as its representative on the Market Committee. The District Deputy Registrar rejected the nomination on the ground that the Chairman was willing to act. The court held that the Panchayat Samiti's choice prevails, and the Registrar cannot substitute its own preference. (Paras 2-4, 8)

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Issue of Consideration

Whether Rule 40A of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967, which requires the name of the Chairman of the Panchayat Samiti to be communicated as representative on the Market Committee, can override Section 13(1)(d) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, which allows the Panchayat Samiti to elect any member as its representative.

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Final Decision

The court allowed the writ petition, quashed the impugned order dated 2 May 2014, and directed the respondents to accept the name of the petitioner as the representative of the Panchayat Samiti on the Market Committee.

Law Points

  • Statutory interpretation
  • Rule cannot override parent Act
  • Representative of Panchayat Samiti on Market Committee
  • Section 13(1)(d) Maharashtra Agricultural Produce Marketing Act
  • 1963
  • Rule 40A Maharashtra Agricultural Produce Marketing Rules
  • 1967
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Case Details

2015 LawText (BOM) (07) 168

Writ Petition No. 4127 of 2014

2015-07-16

A. S. Chandurkar J.

Shri V. N. Morande for petitioner, Shri C. N. Adgokar AGP for respondent nos. 1 and 2, Shri S. G. Joshi for respondent no. 4

Rajeshri Arun Munghate

State of Maharashtra through Director of Agricultural Marketing & Rural Finance, District Dy. Registrar, Cooperative Societies, Gadchiroli, Panchayat Samiti Gadchiroli through Block Development Officer, Savita Rajesh Kawle

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Nature of Litigation

Writ petition challenging the order of the District Deputy Registrar rejecting the petitioner's nomination as representative of the Panchayat Samiti on the Market Committee.

Remedy Sought

Quashing of the impugned order dated 2 May 2014 and direction to accept the petitioner's name as representative.

Filing Reason

The District Deputy Registrar rejected the petitioner's nomination on the ground that the Chairman of the Panchayat Samiti was willing to act as representative, despite the Panchayat Samiti's resolution electing the petitioner.

Previous Decisions

The Panchayat Samiti passed Resolution No. 9 on 17 December 2013 electing the petitioner as representative. The District Deputy Registrar rejected it on 2 May 2014.

Issues

Whether Rule 40A of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967 can override Section 13(1)(d) of the Act. Whether the Panchayat Samiti's resolution electing a member other than the Chairman as representative is valid.

Submissions/Arguments

Petitioner: Under Section 13(1)(d), the Panchayat Samiti can elect any member as representative; Rule 40A cannot override the Act. Respondents: Rule 40A requires communication of the Chairman's name; only if the Chairman is absent can another member be elected.

Ratio Decidendi

Rule 40A of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967, which requires the name of the Chairman to be communicated as representative, cannot override Section 13(1)(d) of the Act, which permits the Panchayat Samiti to elect any member as its representative. The rule must be read down to be consistent with the parent Act.

Judgment Excerpts

Rule 40A of the said Rules cannot be interpreted in a manner so as to take away the effect of the provisions of Section 13(1)(d) of the said Act. The Panchayat Samiti has elected the petitioner as its representative. The District Deputy Registrar could not have substituted his own preference.

Procedural History

The Panchayat Samiti passed Resolution No. 9 on 17 December 2013 electing the petitioner as representative. The District Deputy Registrar rejected it on 2 May 2014. The petitioner filed Writ Petition No. 4127 of 2014 before the Bombay High Court, Nagpur Bench, which was heard and decided on 16 July 2015.

Acts & Sections

  • Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963: Section 13(1)(d)
  • Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967: Rule 40A
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