DEVENDRA KASHIRAO DESHMUKH Vs. SUB DIVISIONAL OFFICER KATOL

JUDGEMENT

(1.) THE petitioner who is the Chairman of Katol Taluka sahakari Kharedi Vikri Samiti Limited, Katol, which is a marketing society, i. e. a Society dealing in marketing of agricultural produce within the area of operation of the Agricultural Produce Market Committee, Katol (for short "a, P. M C. Katol"), has challenged in this writ petition the orders of the sub-Divisional Officer, Katol, dated 18-10-1993 and 26-10-1993 rejecting respective objections raised by him to the inclusion of the names of the chairmen of the respondents 4 and 5 Co-operative Societies in the voters' list prepared by him for the purpose of election as provided in Clause (c) of section 13 (1) of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (for short "the A. P. M. C. Act" ). He has thus challenged the election programme announced by the Returning Officer A, P. M C. Katol /. e. the respondent no. 2 on 28-10-1993 for the election from the above constituency under Section 13 (1) (c) of the A. P. M. C. Act.

(2.) THE facts briefly are that when the elections for the A. P. M. C. , katol, were due the Sub-Divisional Officer, Katol, i. e. the respondent no. 1 prepared voters' list for election from the constituency carved out by Section 13 (I) (c) of the A. P. M. C. Act. He had included the names of four Co-operative Societies in the said voters' list which included the names of the petitioner the respondent no. 4 and the respondent no. 5. The petitioner, by his Election Application No. 52/m. R. C-81/1993-94 raised an objection before the Sub-Divisional Officer, Katol, to the inclusion of the name of (he respondent no. 4 Soctiety in the voters' list for election under Section 13 (1) (c) of the A. P. MC. Act on the ground that it was not a marketing society within the meaning of the said section. The said objection was rejected by the Sub-Divisional Officer. Katol, by his order dated 18-10-1993. The petitioner, by Election Application No. 51/m. R C. 81/ 1993-94 had also raised objection to the inclusion of the respondent No. 5 society in the voters' list for election under Section 13 (1) (c) of the a. P. M, C. Act on the ground that it was not carrying on any business of processing within the market area of the A P. M C. Katol as required by Section 13 (1) (c) of the A P. M. C. Act. The said objection was also rejected by the Sub-Divisional Officer, Katol, by his order dated 26-10-1993. The Returning Officer appointed for holding the election to the a. P. M. C. Katol, i. e. , the respondent No. 2 thereafter published the election programme for the purpose of election to the said A. P M. C under Section 13 (1) (c) of the A. P. MC. Act. The said election programme also contains the names of the voters in the said constituency under Section 13 (1) (c) of the a. P. M. C. Act.

(3.) FEELING aggrieved by the inclusion of the names of the Chairmen of the respondents 4 and 5 Societies in the voters' list for electon to the A. P. M. C. Katol from the constituency under Section 13 (1) (c) of the A. P. M. C. Act the petitioner who is also a voter in the said constituency has preferred the instant writ petition challenging the orders of Sub-Divisional Officer, Katol, dated 18-10-1993 and 26-10-1993 rejecting his objections to the inclusion of the names of the respondents 4 and Societies in the voters list for election under secton 13 (1) (c) of the A. M. P. C Act and consequently also the election programme for the said constituency issued by the respondent No. 2 on 28-10-1993.