- (1.) Heard learned Counsel for respective parties in both the petitions. Facts from W.P. No. 11202 of 2014: The petitioner is one of the voters whose name is enlisted in the list of voters for elections to the Managing Committee of Manwat Agricultural Produce Market Committee. He is seeking a direction to Respondent-District Deputy Registrar not to proceed with the elections of the Manwat Agricultural Produce Market Committee without first holding elections to the primary Co-operative Societies whose elections are due since last 3 to 4 years. It is the contention of petitioner that as per section 13 of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, 15 members of the Managing Committee of Agricultural Produce Market Committee are required to be elected from the agriculturists residing in the market area and out of the said members, 11 shall be elected by the members of the Managing Committees of the Co-operative Societies which are operating within the market area of Agricultural Produce Market Committee. It is contended that there are 447 voters from the Co-operative Societies constituency listed in the provisional voters' list prepared by the District Deputy Registrar. Out of such 399 voters, 197 voters i.e. almost 50% voters are the members of the Managing Committee whose term has expired some 3 to 4 years prior to enlistment of their names in the list. The petitioner, as such, contends that since more than 50% of the voters are the members of the Managing Committee whose term has expired since last 3 to 4 years, it would be in the fitness of things to hold elections of the primary Co-operative Societies operating within the area of A.P.M.C. and thereafter to proceed to hold elections to elect Managing Committees of the A.P.M.Cs.
(2.) It is not a matter of dispute that out of 33 Vividh Karyakari Sahakari Societies, operating within the area of operation of A.P.M.C. Manwat, elections to 16 Vividh Karyakari Sahakari Societies are due and elections are not set in motion even after expiry of term of Managing Committee of such Co-operative Societies. These facts have been disclosed in the affidavit-in-reply presented on behalf of Respondents No. 2 and 3. It is further disclosed in the affidavit-in-reply that out of these 16 primary Co-operative Societies, election process of one Cooperative Society has been completed and out of remaining 15 co-operative societies, six societies are categorised in "B" Class and 9 Societies are categorised in "C" Class. It is further stated in the affidavit-in-reply tendered on behalf of Respondents No. 2 and 3 that elections of "B" Class Co-operative Societies would be completed within a period of 70 days and in respect of "C" class societies, the process would be completed within 35 days. It is contended that the process of election for electing Managing Committees of Vividh Karyakari Societies, operating within the area of operation of A.P.M.C, will be completed within three months.
(3.) Our attention is invited to the order of the Division Bench of this Court at Nagpur Bench in Writ Petition No. 3781 of 2014 and other companion matters. Petitions were presented before the Nagpur Bench of this Court seeking a direction to Respondent-State to hold elections to Agricultural Produce Market Committees. It was brought to the notice of the Court that there are several member Societies of A.P.M.Cs. operating in the area of operation of such A.P.M.Cs. and term of Managing Committees of such Societies has come to an end and elections are due. It was further stated on behalf of the State that so far as such of those Agricultural Produce Market Committees where elections to the Agricultural Credit Co-operative Societies are already concluded, the process of elections would be completed within three months and the process of electing Managing Committees of Agricultural Produce Market Committees would be completed within six months.;