PARSHURAM Vs. DINKAR

JUDGEMENT

(1.) This petition raises a short point about the interpretation of rules relating to disqualifications of membership of a Market Committee constituted under S.13 of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963.

(2.) This petition arises out of a common order passed by the Divisional Joint Registrar, Co-operative Societies, Poona Division, Poona in 2 separate appeals preferred by respondents 1 and 2 against the orders dt. 7th Dec. 1981 passed by the Collector on the applications preferred by them under R.89 of the Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967 challenging the validity of the election of the petitioners as members of the Agricultural Produce Market Committee, Man district, Satara. Petitioner 1 contested the election from the constituency of members of the managing committees of the agricultural credit societies and multipurpose co-operative societies within the meaning of Maharashtra Co-operative Societies Act, 1960 and the rules framed thereunder functioning within the market area of the aforesaid Market Committee while petitioner 2 contested the election from the constituency of members of village panchayats functioning in the said area. Their nomination papers which were scrutinized on 16-9-1981 were duly accepted and no appeal was preferred under R.51 against the acceptance of the nomination papers either by respondent 1 or by respondent 2 and accordingly the petitioners contested the election which was held on 20th Oct. 1981 and were declared elected from the aforesaid constituencies. But after the results were declared respondents 1 and 2 challenged the election of the petitioners by an application under R.89 of the Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967.

(3.) The main ground on which the election of the petitioner was challenged was that both were subject to the disqualification mentioned in R.41(2)(ii) at the date of their nomination as well as election, because their names were included in the voters list of the traders' constituency and that they were in possession of traders' licences issued in their favour by the Market Committee under the Act.