Case Note & Summary
The petitioner, Sharad Bapuraoji Deshmukh, was an elected Director and Chairman of the Agricultural Produce Market Committee, Wardha. The District Deputy Registrar, Cooperative Societies, Wardha, passed an order under Section 17 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, directing his removal as a Member of the Board of Directors on the ground of negligence and misconduct. The petitioner challenged this order and also the order of the Director of Marketing dismissing his appeal as not maintainable. The parties agreed that the appeal under Section 52B of the Act was not maintainable because the order under Section 17 was passed by the District Deputy Registrar, to whom the State Government had delegated its powers by notifications dated 2nd April 1980 and 21st March 1984. The main contention of the petitioner was that under Section 17, the State Government may remove a member only on the recommendation of the Marketing Committee supported by a resolution passed by at least 10 members present and voting. In this case, the resolution was passed by only 7 members, which did not meet the statutory requirement. The respondents argued that the resolution was valid. The court examined the record and found that the resolution was passed by only 7 members, not the required 10. The court held that the condition precedent for removal under Section 17 was not satisfied, and therefore the order of removal was invalid. The court quashed the order of the District Deputy Registrar and the order of the Director of Marketing dismissing the appeal. The writ petition was allowed with no order as to costs.
Headnote
A) Agricultural Law - Removal of Director - Section 17 of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - Requirement of Resolution - The State Government may remove a member only on the recommendation of the Marketing Committee supported by a resolution passed by at least 10 members present and voting. In the present case, the resolution was passed by only 7 members, falling short of the statutory requirement. Held that the removal order is invalid and liable to be quashed (Paras 5-6). B) Agricultural Law - Delegation of Powers - Section 17 of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - Delegation to District Deputy Registrar - The State Government delegated its powers under Section 17 to the District Deputy Registrar by notifications dated 2nd April 1980 and 21st March 1984. The order of removal passed by the District Deputy Registrar is validly delegated, but the condition precedent of a valid resolution must still be satisfied (Paras 3, 5). C) Agricultural Law - Appeal - Section 52B of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 - Maintainability - An appeal under Section 52B is not maintainable against an order under Section 17 passed by a delegate of the State Government, as the order is deemed to be passed by the State Government itself. The Director of Marketing correctly dismissed the appeal as not maintainable (Para 3).
Issue of Consideration
Whether the order of removal of the petitioner as a Director of the Agricultural Produce Market Committee under Section 17 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 is valid when the requisite resolution by at least 10 members was not passed.
Final Decision
The writ petition is allowed. The order passed by the District Deputy Registrar, Cooperative Societies, Wardha directing removal of the petitioner as Member of Board of Directors under Section 17 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, and the order passed by the Director of Marketing dismissing the appeal as not maintainable, are quashed. Rule is made absolute in the above terms. No order as to costs.
Law Points
- Section 17 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act
- 1963 requires a recommendation by the Marketing Committee supported by a resolution passed by at least 10 members present and voting
- Delegation of powers by State Government to District Deputy Registrar does not dispense with the requirement of a valid resolution
- Appeal under Section 52B is not maintainable against an order under Section 17 passed by a delegate of the State Government
