BHATU DEVIDAS PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of present petition, the petitioners have challenged the order dated 16th November, 2009, passed by the District Deputy Registrar, Co-operative Societies, Jalgaon, vide which the names of the petitioners have been deleted from the voters' list of the Gram Panchayat constituency finalized for the elections of Agricultural Produce Market Committee, Amalner.

(2.) Mr. V. D. Hon, learned Counsel appearing for the petitioners, submits that the programme for holding general elections to the Agricultural Produce Market Committee, Amalner, was declared on 19th January, 2009. He submits that vide the said programme, the eligibility date for enrollment in the electoral roll, in so far as members of the Grampanchayat is concerned, was notified as 12th November,2008. He submits that though the election was scheduled in the month of March, the same came to be postponed on account of elections to the Legislative Assembly. He submits that subsequently, vide order dated 26th October, 2009, another communication was issued by the District Deputy Registrar, respondent no.2 herein, regarding finalization of the voters' list. According to the said programme, the date which was fixed for taking objections was 5th November, 2009. The date for deciding objections under Rule 36(10) of the Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967 (hereinafter referred to as "the said Rules") was fixed on 16th November, 2009 and the date for publication of final voters' list was fixed on 19th November, 2009. It is submitted that though the names of the petitioners were included in the provisional voters' list vide order dated 16th November, 2009, their names have been excluded and some other names have been included vide the impugned order. Mr. Hon, learned Counsel appearing for the petitioners, submits that since the cut off date, in so far as the Grampanchayat constituency is concerned, was 12th November 2008, the respondent no.2 has erred in deleting the names of the petitioners and including the new names.

(3.) Section 13 of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (For short, hereinafter referred to as "the said Act") deals with "Constitution of Market Committees". The relevant portion of Section 13 of the Act is reproduced as under :