VISHWANATH BABURAO KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In all these Writ Petitions, the petitioners claim to be the members of the Primary Agricultural Societies and the Directors/ Members of the Primary Agricultural Societies.

(2.) Mr.Thombre, Mr.Salunke, Mr.Tripathi, Mr.Dhorde, Mr.Kishor Patil Ghute, Mr.Ingole and Mr.Kawale, learned Advocates for the petitioners contend that the respondents are proceeding further with the elections of the Agricultural Produce Market Committees (for short, "APMCs"). There are 18 electorate of the APMCs. Out of 18 electorate, 11 are the Directors of the Primary Agricultural Societies. The term of the committees of the Primary Agricultural Societies has come to an end. If the elections of the Managing Committees of the APMCs are held today, the members of the Primary Agricultural Societies would be precluded from participating in the election process of the APMCs, so also would loose opportunity to get elected as the Directors of the APMCs. Moreover, the quoram also would not complete.

(3.) To illustrate, it is submitted that as far as Beed is concerned, there are 144 Primary Agricultural Societies. Out of 144 Primary Agricultural Societies, the elections of 126 Primary Agricultural Societies are not held though the term is over. All the Directors of the Primary Agricultural Societies are entitled to participate in the elections of the APMCs and all the Directors of the Primary Agricultural Societies are the voters for the elections of the Managing Committee of the APMCs. It is further submitted that as per proviso to sub-sec. (1) of sec. 15 of the Agricultural Produce Marketing (Development and Regulation) Act, 1963, the term of the office of the members of APMC is co-terminus with the term such person holds as Director of Primary Agricultural Society.