The Bombay High Court passed a judgement on 24th of February, 2021 in which it subdued the queries of a division bench, which had a query arising between two contradictory judgements. This was seen in the case of Ashok Dadaji Rechankar and Another Vs Agricultural Produce Market Committee, Chandrapur Thr. Its Secretary and Others (Writ Petition No.4030 Of 2018) and the case was presided over by The Honourable Mr. Justice Z.A. Haq, The Honourable Mr. Justice Manish Pitale and The Honourable Mr. Justice Amit B. Borkar.
FACTS OF THE CASE:
The learned Single Judge in this case felt the need to make a reference, in view of conflicting decisions of the Division Benches of this Court, one holding that the members of the Agricultural Produce Market Committee (APMC) who are elected by the Managing Committees of the Societies would cease to be members of the APMC, in the event, they ceased to be members of the Managing Committees of their parent Society(Writ Petition No.3130/2015) and then another decision, in which it is held that even though tenure of the Managing Committee members of the Cooperative Society may have expired, the representative capacity of Managing Committee Member is not wiped out and he continues to represent the said Society even thereafter. (Writ Petition No.4092 of 2013)
The reference has been made to the Full Bench, by the learned Single of this Court for considering the following question of law:
“Whether the members of the APMC who are elected by the members of the Managing Committee of the Agricultural Credit Societies and Multi-purpose Cooperative Societies or the members of the Village Panchayat functioning in the market area cease to be members of the APMC on ceasing to be the members of the Managing Committee of the societies or the members of the Village Panchayat, in view of the proviso to Section 15 of the Act?”.
JUDGEMENT:
The court in the end, answered the question referred by saying the member of the APMC, who is elected by members of the Managing Committee of Agricultural Credit Societies and Multi-Purpose Cooperative Societies or members of Village Panchayats functioning in the market area ceases to be member of the APMC on ceasing to be the member of Managing Committee of the Societies or Village Panchayats, in view of the proviso to Sub Section (1) of Section 15 of the Act.
Hence the court overrules the decision of the Division Bench in Writ Petition No.4092 of 2013 and places the matter before the appropriate bench for disposal in accordance with law.
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JUDGEMENT REVIEWED BY TANAV ZACHARIAH.
