SADASHIV PANDURANG PATIL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Writ Petition has been filed by Sadashiv Pandurang Patil, challenging the co-opting of one Mahaveer Bhairu Talekar as a member of the Karmala Agricultural Produce Market Committee ("Karmala APMC" for short) in its meeting dated 26 th October, 2018, without complying with Section 14 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 ("MAPM Act" for short) and in particular Rule 66 of the Maharashtra Agricultural Produce Market Committee (Election to Committee ) Rules, 2017 (for short "2017 Rules).

(2.) Shorn of unnecessary details, it is brought to our notice that general elections were held of the Karmala APMC on 9 th September, 2018 and results were declared on 11 th September, 2018. The elections were held for the posts of 18 directors, out of which 15 were to be elected from the Agricultural constituency, two were to be elected from the Traders constituency and one was to be elected from the Hamal and weighman constituency.

(3.) The result of the aforesaid election held under 2017 Rules were declared on 11th September, 2018 and one Shri Jaywantrao Jagtap who had contested the said general election as Agriculturist from two villages viz. : Wangi and Kem, Taluka - Karmala, District - Solapur, was declared elected from both these constituencies. Since, in terms of Rule 66 of the 2017 Rules, if a person is elected to more than one seat on the committee then, unless within a period of thirty days from the date of declaration of the result of the election he resigns all but one of the seats by writing under his hand addressed to the State Co-operative Election Authority or as the case may be to the officer authorized by the State Co-operative Election Authority in this regard all the seats shall become vacant. On receipt of such resignation or on the seats becoming so vacant, the District Election Officer, in consultation with the State Co-operative Election Authority in this regard shall cause to hold the election for filling the vacancy".