wp5335.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5335 OF 2010 Agricultural Produce Market Committee, Parli (V), Dist-Beed, Through its Chairman:- Shri. Bankatrao Megharao Kande, Age-62 years, Occu:Agriculture, R/o-, At Post-Jirewadi, Post-Kanherwadi, Tq-Parli(V), Dist-Beed. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through Secretary, Marketing, Co-operation & Textile Department, Maharashtra State, Mantralaya, Mumbai, 2) Director of Marketing for Agricultural Produce Marketing Committee, Maharashtra State, Pune, 3) District Collector, Beed, Dist-Beed, 4) District Deputy Registrar, (Co-operative Societies) Beed, Dist-Beed, wp5335.10 2 5) Prakash Sundarrao Salunke, Age-50 years, At present holding the port folio of Co-operative & Marketing, State Minister, Maharashtra State, Mantralaya, Mumbai-32 (Respondent No.5 is deleted). ...RESPONDENTS. ... Shri.A.M. Karad Advocate for Petitioner. Shri.S.K. Kadam, A.G.P. for Respondent Nos. 1 to 4. Respondent No.5 is deleted. ... WITH WRIT PETITION NO.3022 OF 2010 Atmaram s/o Madhavrao Mundhe, Age-59 years, Occu:Agriculture & Advocate, R/o-Kanherwadi, Tq-Parli(V), Dist-Beed. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through Secretary, Marketing, Co-operation & Textile Department, Maharashtra State, Mantralaya, Mumbai, 2) Director of Marketing for Agricultural Produce Marketing Committee, Maharashtra State, Pune, wp5335.10 3 3) District Collector, Beed, Dist-Beed, 4) Agricultural Produce Market Committee, Parli(V), Dist-Beed, Through its Chairman/Secretary, Market Yard, Parli(V), Dist-Beed. 5) District Deputy Registrar, Beed, Tq. & Dist-Beed, 6) Agricultural Credit Society and Multipurpose Co-operative Society Acharya Takli, Tq-Parli, Dist-Beed. 7) Agricultural Credit Society and Multipurpose Co-operative Society Borkhed, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 8) Agricultural Credit Society and Multipurpose Co-operative Society Belamba, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 9) Agricultural Credit Society and Multipurpose Co-operative Society Kanherwadi, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 10) Agricultural Credit Society and Multipurpose Co-operative Society Sangam, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 11) Agricultural Credit Society and Multipurpose Co-operative Society Bodhegaon, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, wp5335.10 4 12) Agricultural Credit Society and Multipurpose Co-operative Society Pohaner, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 13) Agricultural Credit Society and Multipurpose Co-operative Society Hiwara, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 14) Agricultural Credit Society and Multipurpose Co-operative Society Saradgaon, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 15) Agricultural Credit Society and Multipurpose Co-operative Society Sawargaon, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 16) Agricultural Credit Society and Multipurpose Co-operative Society Manalwadi, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 17) Agricultural Credit Society and Multipurpose Co-operative Society Nandagaul, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 18) Agricultural Credit Society and Multipurpose Co-operative Society Kaudgaon (Ghoga), Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 19) Agricultural Credit Society and Multipurpose Co-operative Society Kaudgaon(Huda), Tq-Parli, Dist-Beed. Through its Secretary/Chairman, wp5335.10 5 20) Agricultural Credit Society and Multipurpose Co-operative Society Nag Pimpri, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 21) Agricultural Credit Society and Multipurpose Co-operative Society Moha, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 22) Agricultural Credit Society and Multipurpose Co-operative Society Pangri, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 23) Agricultural Credit Society and Multipurpose Co-operative Society Nagapur, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 24) Agricultural Credit Society and Multipurpose Co-operative Society Mirwat, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 25) Agricultural Credit Society and Multipurpose Co-operative Society Shirsala, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 26) Agricultural Credit Society and Multipurpose Co-operative Society Mandava, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 27) Agricultural Credit Society and Multipurpose Co-operative Society Indapwadi, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, wp5335.10 6 28) Agricultural Credit Society and Multipurpose Co-operative Society Seluparli, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 29) Agricultural Credit Society and Multipurpose Co-operative Society Kauthali, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 30) Agricultural Credit Society and Multipurpose Co-operative Society Parli, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 31) Agricultural Credit Society and Multipurpose Co-operative Society Govardhan Hiwra, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 32) Agricultural Credit Society and Multipurpose Co-operative Society Mandekhel, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 33) Agricultural Credit Society and Multipurpose Co-operative Society Bhilegaon, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 34) Agricultural Credit Society and Multipurpose Co-operative Society Waghala, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 35) Agricultural Credit Society and Multipurpose Co-operative Society Aurangpur, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, wp5335.10 7 36) Agricultural Credit Society and Multipurpose Co-operative Society Sonhivrs, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, 37) Agricultural Credit Society and Multipurpose Co-operative Society Nagdara, Tq-Parli, Dist-Beed. Through its Secretary/Chairman, ...RESPONDENTS. ... Shri.S.V. Mundhe Advocate for Petitioner. Shri.S.K. Kadam, A.G.P. for Respondent Nos. 1 to 3. Shri.A.M. Karad Advocate for Respondent No.4. Shri.S.S. Thombre Advocate for Intervenor - (Ramrao Santoba Kopnar) ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 22ND AUGUST, 2011. ORAL JUDGMENT [PER NARESH H. PATIL, J.] : 1. Rule. Rule made returnable forthwith. 2. The election to the Managing Committee of Agricultural Produce Marketing Committee (for wp5335.10 8 short "A.P.M.C.") Parli were held in the year 2005. There is no dispute on the fact that the term of the elected members of the Managing Committee expired on 12th April, 2010. The District Deputy Registrar, Co-operative Societies Beed issued a show cause notice to the elected Managing Committee of A.P.M.C. Parli, addressed to Chairman and Secretary, under Section 15-A of the Maharashtra Agricultural Produce Marketing (Development & Regulation) Act, 1963 for appointment of administrator as their term had expired. The A.P.M.C. through its Chairman, challenged the said show cause notice in the proceedings of Writ Petition No.5335 of 2010 filed on 17th June, 2010 with following prayer clauses:- "(B) Issue appropriate Writ, Order to quash and set aside the impugned show cause notice dt. 20/5/2010 issued by the Respondent No.4 - District Deputy Registrar be quashed and wp5335.10 9 set aside. (C) Pending hearing and final disposal of this Writ Petition, the Respondent No.4 be restrained from taking any decision pursuant to the show cause notice dt.20/5/2010 issued by the Respondent No.4 - District Deputy Registrar (Co- operative Societies) Beed. (D) By issuing appropriate Writ the Respondent Authorities be directed to decide the proposal submitted with recommendation of the Authorities to the State regarding granting extension to the existing executive Board of APMC, Parli for 6 months." 3. One Atmaram Madhavrao Mundhe, resident of Kanherwadi, Tq-Parli, Dist-Beed, filed a Writ Petition No.3022 of 2010 with following prayer clauses:- wp5335.10 10 "(B) Direct the Respondent No.1 to consider the proposal dated 20/11/2009 forwarded by the Respondent No.2 and extend the period of Respondent No.4-APMC as per Section 14 sub Clause 3(a) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, (C) Direct the Respondent No.2, 3 & 5 to hold the elections of those Co-operative Societies, who are not conducting the elections last 10 years or more during the extended period of Managing Committee of Respondent No.4, (D) Pending hearing and final disposal of this Writ Petition, grant interim injunction restraining the Respondent No.2 & 3 not to hold the election of Respondent No.4-APMC till the election of primary level and wp5335.10 11 Multipurpose Co-operative Societies are held." 4. By an order dated 5th May, 2010, the Division Bench of this Court granted ad interim relief in terms of prayer clause (D) in the proceedings of Writ Petition No.3022 of 2010. 5. By an order dated 21st June, 2010, the Division Bench of this Court granted ad interim stay to the show cause notice issued to the Petitioner on 20th May, 2010, in the proceedings of Writ Petition No.5335 of 2010. 6. In substance, the effect of the proceedings of these Writ Petitions and the orders passed by this Court is, that fresh elections to constitute Managing Committee are stalled and the State Government could not take a decision on the show cause notice issued to the A.P.M.C. Parali. wp5335.10 12 7. In the meanwhile, it is submitted by the learned A.G.P., that elections to 37 primary societies were due and out of them, elections to constitute Managing Committee in respect of 36 primary societies have been held as on today and election to constitute Managing Committee of one primary society remained, which would be completed, according to the A.G.P. on instructions, by October, 2011. 8. The learned counsel for the contesting parties do not dispute that it would be reasonable, proper and in consonance with the scheme of the Maharashtra Agricultural Produce Marketing (Development & Regulation) Act, 1963 to hold elections of Managing Committees of primary societies, to constitute A.P.M.C. Parli. 9. In the light of the facts of these matters, we are of the view that the State Government shall be at liberty to pass appropriate wp5335.10 13 orders strictly in accordance with the provisions of Maharashtra Agricultural Produce Marketing (Development & Regulation) Act, 1963 in respect of the management of the A.P.M.C. Parli. 10. Learned counsel Shri. Karad submits that reply to the show cause notice has already been filed with the authorities concerned. According to the learned counsel, the elected Managing Committee of the year 2005-2006, still continues to be in the office. 11. Shri. Kadam, learned A.G.P. referred to an affidavit filed by Bhaskar Sitaram Jadhav, District Deputy Registrar, Beed. The deponent states in Para-2 as under: "2. The Deponent say and submit that the elections of A.P.M.C. Parli Vaijnath are due. I say that, the elections of 37 Primary Agricultural Co- wp5335.10 14 operative Societies were due and the process of holding the elections of said societies were undertaken by the office of this Deponent and accordingly 35 societies elections have been completed. Voting of one society is on 21.8.2011 and said election will also be completed by the end of this month. So far as one society is concerned of which election will be completed by the end of October, 2011. Thereafter the election programme for holding the election of A.P.M.C. Parli Vaijnath would be declared after completing the necessary steps of finalizing the voters list. The tentative date of declaration of election programme of APMC Parli Vaijnath would be 1.11.2011 and tentative date of voting would be 25.12.2011." wp5335.10 15 12. Shri Munde learned counsel for Petitioner and learned counsel Shri. Thombre for intervenor, submitted that fresh elections to the A.P.M.C. Parli are overdue and shall be held under the supervision of administrator/administrative board and the State Government needs to be directed to take such decision forthwith. 13. We are convinced that the State, its authorities shall take decision in respect of the management of A.P.M.C. Parli and for holding elections to constitute new managing committee as the term of the present managing committee expired on 12th April, 2010. 14. We therefore, direct the Respondent State, its authorities to take decision on the show cause notice issued to the Petitioner -A.P.M.C. Parli and take steps to hold elections to constitute Managing Committee of A.P.M.C. Parli. In accordance with the reply filed on wp5335.10 16 behalf of the State, we expect the constitution of the Managing Committee at the earliest. The Secretary of Co-operation and Marketing Department, State of Maharashtra is directed to issue appropriate instructions to the concerned. 15. Rule is made absolute on the terms indicated above. . Authenticated copy of this order be provided to the learned A.G.P. Shri. Kadam. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/AUG11