Case Note & Summary
The judgment pertains to multiple writ petitions and a contempt petition concerning the elections and administration of the Agricultural Produce Market Committee (APMC), Nagpur. The elected Board of Directors of APMC Nagpur had its tenure expiring on 09.03.2017. The Collector initiated the election process, fixing 31.08.2016 as the cut-off date for voter eligibility. A provisional voters list was published on 01.12.2016, and objections were invited until 26.12.2016. A hearing on objections was scheduled for 09.01.2017, with the final voters list to be published on 13.01.2017. On 10.01.2017, the State Government issued an order under Sections 14(3) and 14(3)(A) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, extending the Board's term until 07.09.2017 and postponing the elections. This order was challenged in Writ Petition No. 585 of 2017. On 09.03.2017, the High Court quashed that order. Subsequently, the petitioners in Writ Petition No. 1806 of 2017 filed a review application (MCA No. 287 of 2017). On 22.03.2017, while the review was pending, the State Government passed an order under Section 15A of the APMC Act appointing the Collector as Administrator of the APMC. This appointment was challenged in Writ Petition No. 1806 of 2017, and on 24.03.2017, its implementation was stayed. This interim stay was later continued in the writ petition itself on 31.07.2017, allowing the elected body to continue in office. On 20.05.2017, the Collector published a fresh election programme for drawing a provisional voters list, which was also assailed in Writ Petition No. 1806 of 2017. On 21.07.2017, the judgment dated 09.03.2017 was reviewed, and the direction in the State Government's order dated 10.01.2017 continuing the elected body or extending its tenure was restored. The judgment records that all these petitions were heard together and decided jointly. Due to the truncation of the judgment text, the final decision and reasoning of the Court are not available in the provided excerpt.
Issue of Consideration
Whether the orders passed by the State Government extending the tenure of APMC Board, appointing an Administrator, and the election programme initiated by the Collector were valid under the APMC Act.
Case Details
2018 LawText (BOM) (01) 129
Writ Petition Nos. 4488 of 2017, 3894 of 2017, 1806 of 2017, 6003 of 2017, 6004 of 2017 and Contempt Petition No. 85 of 2017
B.P. Dharmadhikari, Mrs. Swapna Joshi
Dr. R.S. Sundaram, Ms. U.R. Tanna, Shri A.P. Raghute, Shri A.M. Ghare, Shri A.A. Naik, Shri M.G. Bhangde, Shri S.M. Ukey, Shri S.S. Ghate, Shri U.D. Dastane
Hemraj Marotrao Shingne & Ors.
Principal Secretary, Department of Cooperation, Marketing and Textile & Ors.
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Nature of Litigation
Challenge to election process and extension of board tenure of Agricultural Produce Market Committee, Nagpur, and related orders.
Remedy Sought
Setting aside of government orders dated 10.01.2017 and 22.03.2017, and directions for conducting elections in accordance with law.
Filing Reason
Dispute over legality of extending the term of APMC Board and subsequent appointment of Administrator.
Previous Decisions
On 09.03.2017, WP No. 585 of 2017 quashed the order dated 10.01.2017; on 24.03.2017, interim stay granted against appointment of Administrator; on 21.07.2017, the judgment dated 09.03.2017 was reviewed and the extension restored.
Issues
Validity of order dated 10.01.2017 extending tenure of APMC Board
Validity of order dated 22.03.2017 appointing Administrator
Legitimacy of election programme published on 20.05.2017
Compliance with earlier court orders
Judgment Excerpts
All these petitions relate to elections of Agricultural Produce Market Committee (APMC), Nagpur.
On 10.01.2017, State Government issued an order mentioning Section 14(3) and 14(3)(A) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (Agricultural Produce Market Committee Act, hereafter) extending its term till 07.09.2017 and postponing the elections.
Procedural History
The tenure of the elected Board of Directors of APMC Nagpur was to expire on 09.03.2017. The Collector began election process with cut-off date 31.08.2016, provisional list on 01.12.2016, objections until 26.12.2016, hearing on 09.01.2017, final list to be published on 13.01.2017. On 10.01.2017, the State Government extended the tenure till 07.09.2017 and postponed elections. That order was challenged in WP 585/2017. On 09.03.2017, the High Court quashed the extension order. On 22.03.2017, the State appointed the Collector as Administrator under Section 15A, leading to WP 1806/2017. On 24.03.2017, the court stayed the appointment. On 20.05.2017, the Collector published a new election programme, which was challenged. On 21.07.2017, the 09.03.2017 judgment was reviewed and the extension restored. Multiple writ petitions and a contempt petition were filed, all were clubbed and heard together.
Acts & Sections
- Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963: Section 14(3), Section 14(3)(A), Section 15A
