RADHAKISHAN DEORAO PATHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. Heard learned Counsel for the parties finally with their consent.

(2.) The present petition is filed seeking directions to hold and declare that the elected representatives of APMC are eligible and entitled to cast votes for the Maharashtra Legislative Council for the Aurangabad-cum-Jalna Local Authorities Constituency. It is submitted, that the elected representatives of the APMC 's are voters for the election of Aurangabad cum Jalna Local Authorities Constituency on the ground that the APMC is the Local Authority as per section 12(2) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act 1963 and therefore, are required to be permitted to cast their vote as representatives of the Local Authority for the Maharashtra Legislative Council Election. Reliance is placed upon Article 171 of the Constitution of India, section 15A of the Representation of Peoples Act and section 12(2) of the A.P.M.C. Act and the judgment of this Court in Writ Petition No. 2551 of 2011 (A.P.M.C. Vs. Meghraj and others)1.

(3.) The petition has been opposed by the respondent No. 3 by filing reply, contending that the provisions of Article 171 of the Constitution of India relied upon by the petitioner, are clearly not attracted in the present matter and therefore the petition being misconceived, needs to be dismissed.