PER COURT :
1. Both the petitions involve a common question of law and as such, are decided together.
2. The petitioners are the registered Co-operative Societies registered under the Maharashtra Co-operative Societies Act 1960. The petitioners in Writ Petition No. 5711/2011 were registered on 31.05.2011 and 09.06.2011, whereas the petitioners'/society in Writ Petition No. 5910/2011 were registered on 06.06.2011.
3. The respondent No. 3 published a notification on or about 01st July, 2011 declaring the election programme for finalization of voters list for the Agricultural Produce Market Committee, Shrigonda, Dist. Ahmednagar under the provisions of the Maharashtra Agricultural Produce Marketing (Development and Regulations) Act 1963 (hereinafter referred as the "Act of 1963" for the sake of brevity). The voters list was published on 02nd July, 2011. The last date for raising objection was 18.07.2011. The final voters list is to be published on 08th August, 2011. As per the said programme, on 02nd July, 2011 the voters list 3 wp 5711.11 pertaining to the Co-operative Societies Constituency came to be published. The names of the petitioner society its members of the managing committee did not appear in the said voters list. The petitioners raised an objection before the respondent No. 3. One Rajendra Nagwade also raised an objection for the inclusion of name of petitioners. The respondent No. 3 rejected the objection of the petitioners in Writ Petition No. 5711/2011 vide its order dated 28.07.2011 and held that the petitioners names cannot be included in the voters list. Whereas, no specific order was passed in respect of the petitioners in Writ Petition No. 5910/2011. The petitioners have assailed the said orders in the present writ petitions.
4. Shri S. S. Deshmukh, the learned counsel for petitioners in Writ Petition No. 5711/2011 during the course of his erudiate arguments canvased the following propositions :
a) The cut off date fixed by the Returning Officer was 28.02.2011. It was erroneous on the part of the Returning Officer to reject the application solely on the ground that the petitioners societies were registered after the said date. The Returning Officer did not consider the proviso to Rule 36(2) of the Maharashtra Agriculture Produce Marketing (Development and 4 wp 5711.11 Regulations) Rules 1967 hereinafter referred to as Rules of 1967 for sake of brevity. Proviso to Sub Rule 2 to Rule 36 will have to be read along with other Sub Rules of Rule 36.
b) While interpreting proviso to Sub Rule 2, Sub Rules 10, 11, 14 and 15 cannot be lost sight. The same will have to be considered. Reading of these sub rules of Rule 36, it is clear that the Returning Officer can amend/revise the voters list at any time prior to 3 days of the last date of filing of nomination paper. For the said purpose, the learned counsel relies on the judgment of the learned Single Judge of this Court in a case of Bhatu Devidas Patil and another Vs. State of Maharashtra and others reported in 2010 (Supp.) Bom. C. R. 827.
c) The Act does not lay down any prohibition on the right of the societies to take part in the election of the A. P. M. C. from the Co-operative Societies Constituency. It does not lay down any lock in period. When the statute does not lay down any restriction, then interpreting proviso to Sub Rule 2 of Rule 36 of Rules of 1967 in any other manner so as to enable only those Co- operative Societies registered before the cut off date would not be inconsonance with the right envisaged under the Act in respect of the Co-operative Societies.
d) The word 'may' appearing in proviso to Rule 36(2) of the Rules of 1967 will have to be interpreted as mandatory. The same cast duty on the Returning Officer to revise the list in cases of contingencies such as Co-operative Societies been enrolled after the cut off date. The learned counsel relies on the judgment of the Apex Court in a case of Ambica Quarry Works, etc. V. State of Gujrat and others reported in AIR 1987 S. C. 1073(1) and further contends that the enabling words are always compulsory, where the words were to effectuate a legal right.
e) The learned counsel further contends that power given to the Returning Officer under the proviso to Sub Rule 2 of Rule 36 is coupled with the duty and he has to exercise the powers when he is called upon to do so. In the present case, as the petitioners were enrolled after the cut off date and there was no embargo on their right to vote, then in such circumstances, it was imperative for the Returning Officer to revise the list. The object of giving said power of revising the list was to enable such societies to exercise right to vote.
f) Though the word may, may sound like giving discretion to 6 wp 5711.11 the Returning Officer, still the same will have to be interpreted as shall as it is referable to the duty of the Returning Officer. The learned counsel relies on the judgment of the Apex Court in a case of State of Rajsthan and others Vs. Hari Shankar Rajendrapal reported in AIR 1966 S. C. 296.
g) It is further contended by the learned counsel that the use of word may or shall is not a conclusive. The same will have to be interpreted with regard to the legislative intent, the scheme of the Act, purpose and object underlying the provisions. For the said purpose, the learned counsel relies on the judgment of the Apex Court in a case of Bachahan Devi and another Vs. Nagar Nigam, Gorakhpur and another reported in (2008) 12 S. C. C. 372. Shri Deshkumh, the learned counsel submits that the intention of the legislation in providing proviso is to enable the Co-operative Society registered or enrolled after the cut off date to be given an opportunity to vote. If the same is not interpreted in that manner, then it would render the proviso redundant .
h) The Sub Rule 15 of Rule 36 will also have to be considered. Sub Rule 15 of Rule 36 permits that the name of any person can 7 wp 5711.11 be included in the voters list, even 3 days before the last date of filing nomination i. e. even after publication of final voters list. When inclusion in the name of voters list is permissible as late as three days prior to the last date of filing nomination, then there is no reason for not including the name of the petitioner society in the voters list, even prior to the finalization of the voters list. Sub Rule 15 and proviso to Sub Rule 2 of Rule 36 will have to be read together and all these provisions will have to be read harmoniously.
i) The petitioners are eligible to be included in the voters list and allowed to take part in the election of the A. P. M. C.
5. Shri V. D. Hon, the learned counsel holding for Shri N. V. Gaware, the learned counsel for the intervenor with all his persuasive skill submits that :
i) The scheme of Rule 36 in totality will have to be considered. Proviso will have to be read in consonance with the main Rule.
ii) Proviso cannot be read in isolation. The same would be subject to sub Rule 2 of Rule 36.
iii) If the scheme of Rule 36 is perused, then Sub Rule 2 gives power to the Returning Officer to revise the list at least six months before the General Elections are due that would be laying down cut off date. Proviso to said Sub Rule 2 gives the discretion to the Collector to direct the revision of such list at any other time before any General Election is due. That discretion given under proviso cannot be read in such a manner that it would override sub Rule 2. The provisions up to Sub Rule 6 of Rule 36 are to the extent of publication of provisional list. Thereafter, the objections can be taken to the said list and the same has to be decided under Sub Rule 7 to 10 and thereafter the final list is published. The inclusion of name in the list 3 days prior to the filing of nomination as provided in Sub Rule 15 of Rule 36 would be in respect of those persons who are eligible to vote as on the date of the publication of the list, but their names are not included and no further. The petitioners were enrolled much subsequent to the cut off date and as such, their names are rightly not included in the voters list.
6. Shri Choudhari, the learned Assistant Government Pleader also submits that, the petitioners' names are rightly not included in the voters list as they were not enrolled nor were 9 wp 5711.11 constituted as on the date when list was revised by the Returning Officer.
7. Before adverting to the arguments advanced by the learned counsel for respective parties, it would be appropriate to refer to the relevant provisions and the Rules relied by the learned counsel.
The Maharashtra Agricultural Produce Marketing (Development And Regulation) Act, 1963,
1. .............
2. .............
14. Election and term of office of members : (1) Subject to the provisions of sub-section (2), the members shall be elected in the manner prescribed by rules. Such rules may provide also for the determination of constituencies, the preparation and maintenance of the list of voters, persons qualified to be elected, disqualifications for being chosen as, and for being a member, the right to vote, the payment of deposit and its forfeiture, the determination of election disputes and all matters ancillary thereto including provisions regarding election expenses.
(2) If for any reason any person, co-operative society or its managing committee or a Panchayats Samiti or local authority fails to elect any members, the Director shall give notice in writing to them requiring them to elect members within one month from the date of the notice; and on the failure again to elect members within the aforesaid period, the Director shall appoint on behalf of such persons, co-operative society, committee, Panchayat Samiti or the local authority the required number of persons who are qualified to be elected under sub section (1) [or (1A)] of section 13.
(3) Except as otherwise provided in this Act, the members of a Market Committee (not being a Committee constituted for the first time) shall hold office for a period of [five years], and the members of a Committee constituted for the first time shall hold office for a period of two years :
[Provided that, the Market Committee constituted for the first time, may be replaced by the Government and the new Committee so replaced shall hold office for the remainder of the period:]
[ [Provided further that], where the general election of members of a Committee could not be held for reasons beyond the control of the Committee before expiry of the term of office of its 11 wp 5711.11 members as aforesaid, the State Government may, by order in the Official Gazette, extent from time to time, the term of office of any such Committee, so however, that the period for which the term of office is so extended shall not exceed the period of one year in the aggregate.]
[(3A) Where due to scarcity, draught, flood, fire or any other natural calamity or rainy season or any election programme of the State legislature or the Parliament or a local authority, coinciding with the election programme of any Market Committee or such other special reason, in the opinion of the State Government, it is not in the public interest to hold elections to any Market Committee, the State Government may, notwithstanding anything contained in this Act or in any rules, or bye-laws made thereunder, or any other law for the time being in force, for the reasons to be recorded in writing, by general or special order, postpone the election of any Market Committee for a period not exceeding six months at a time which period may further be extended, so however, that the total period shall not exceed one year in the aggregate.]
[(4)(a)As soon as possible, after the result of 12 wp 5711.11 any by-election or, subject to the provisions of sub-clause (b), all the results of the general election, are available, the Collector [or, as the case may be, the District Deputy Registrar, who has conducted the elections] shall publish or caused to be published the names or names of, elected members or members of a Committee in the Official Gazette and also in a newspaper in the Marathi language circulating in the market area. The publication of the name or names in a newspaper as aforesaid shall, for the purposes of this section, be deemed to be sufficient publication of the name or names of the elected member or members of the Market Committee.
(b) If at a general election the names of any persons to be elected under sub-section
(1) or (1A) of section 13 cannot for any reason be published as aforesaid, and if with the available election results, the Committee will consist of not less than twelve members, then the Collector [or, as the case may be, the District Deputy Registrar, who has conducted the elections] shall publish the names of these members in the Official Gazette and also in a newspaper as aforesaid.
(c) As regards the remaining elections, the Collector [or, as the case may be, the District Deputy Registrar, who has conducted the elections] shall subsequently publish the names of members in the like manner as and when the results of such elections are available, or as the case may be, on failure to elect, the names of persons duly appointed under sub-section (2), if any.
(d) After every general election, upon the publication of the names of all the members of the Committee under clause
(a), or as the case may be, the publication of such names as would render the Committee to consist of not less than twelve members as aforesaid, in a newspaper under this sub-section the Market Committee shall be deemed to be duly constituted.]
The Maharashtra Agricultural Produce Marketing (Development And Regulation) Rules, 1967.
1. .............
2. .............
36. Voters' list.
[(1) The Collector shall call upon the District Deputy Registrar of Cooperative Societies to prepare and furnish to him a list of members of the Managing Committees of the Agricultural credit societies and the multipurpose cooperative societies and call upon the Block Development Officer to prepare and furnish to him a list of members of the Village Panchayat's showing distinctly the members belonging to the Scheduled Caste and Scheduled Tribes functioning in the market area and the market committee to prepare and furnish to him the list of traders and hamals and weighmen licenced by the committee within such time as may be specified by him. Thereafter, the Collector shall cause to be prepared separately for each of the constituencies a voters list for holding the elections to the market committees:
Provided that where a person is qualified to vote from traders constituency or from Hamals and weighmens constituency his name shall appear in the respective register maintained by the market committee at least 3 months before the preparation of such lists.]
[Provided further that, in respect of the Market Committees whose elections are to be held by the District Deputy Registrar, under clause (a) of sub -section (1) of section [14] of the Act, the District Deputy Registrar shall cause such list to be prepared.]
(2) Every such list shall be revised before general election at least six months before the date on which the term of the market committee is due to expire;
Provided that [the Collector or, the District Deputy Registrar as the case may be,] may [-------] direct the revision of such list also at any other time before any general election is due.
[(3) The voters list for Cooperative societies constituency shall be prepared societywise. The voters list for village panchayats constituency shall be prepared panchayatwise, indicating the details regarding members belonging to the Scheduled Caste and Scheduled Tribes, etc. Every list of voters for all the constituencies mentioned in sub-rule (1) of rule 35 shall provide, in alphabetical order, the name, age, residence and the category of the voters to which he belongs.]
[(4) -----------------]
[(5) -----------------]
(6) Every such list shall be published in Marathi provisionally within a period of one month from its receipt by the Collector in such manner as the Collector may deem fit :
[Provided that, in respect of the Market Committees, whose elections are to be held by the District Deputy Registrar under clause (a) of sub-section (1) of section [14] of the Act, the District Deputy Registrar shall himself publish such list in such manner as he may deem fit.]
(7) At the time of publishing the list of voters a notice shall be published in like manner calling upon persons entered in the list to lodge in the manner herein prescribed any objection that they have to make to the list as published, and upon persons claiming to be entered in the list, to lodge their claim in the manner herein prescribed.
(8) Such claim or objection shall be made in writing and shall specify the constituency in question, the grounds on which the right of any person to be entered in the list is asserted or denied, the evidence which the claimant or objector intends to lead, the address of the claimant or objector, his number, if any, in the list [-------] and in case of an objection, the number in the list of the person to whose entry objection is taken and the constituency in the list for which he is entered.
(9) Every claim or objection shall be delivered or sent by post so as to reach the office of the Collector [or the District Deputy Registrar, as the case may be,] before the date fixed by the Collector [or the District Deputy Registrar, as the case may be,] in that behalf being a date not later than one month from the date of publication of the list.
(10) The Collector [or the District Deputy Registrar, as the case may be,] after hearing the evidence, if any, adduced on behalf of the parties and after further inquiry, if any shall pass order on the claim or objection, and the order of the Collector [or the District Deputy Registrar, as the case may be,] relating to such claim or objection shall be final.
(11) The Collector [or the District Deputy Registrar, as the case may be,] shall cause the lists to be amended in accordance with the orders passed under sub-rule (10) and shall cause them to be published finally in Marathi in such manner as he may deem fit.
(12) If, after the final publication of the list of votes, under sub rule (11), the Collector [or the District Deputy Registrar, as the case may be,] on application or otherwise, is satisfied after such inquiry as he deems fit that any entry or entries in the list is or are erroneous or defective in any particular respect, the Collector [or the District Deputy Registrar, as the case may be,] may cause a list of amendments to be prepared, and thereupon the provisions of sub-rule (3) to (11) shall apply in the case list in the like manner as they apply in the case of the list of voters.
(13) Copies of such final lists including the final list of amendment and additions shall be available for inspection and sale in whole or in part in the [office of the Collector, the Market Committee and the Village Panchayat concerned] or at any other place as the Collector [or the District Deputy Registrar, as the case may be,] may specify in this behalf.
(14) The final list as also the final list of amendments shall be republished under sub- rule (11) and shall remain in force and continue in operation as the list of voters for the purpose of any bye-election, until it is revised as provided by this rule.
[[(15) Any persons whose name is not entered in the final list of voters as republished under sub- rule (14) may at any time but [not later than 3 days before the last date for nomination] apply to the Collector [or the District Deputy Registrar, as the case may be,] for inclusion of his name in the list.
(16) On receipt of the application under sub-rule (15) the Collector [or the District Deputy Registrar, as the case may be,] shall, if satisfied that the applicant is entitled to have his name etered in the list, direct his name to be entered in the list and cause an amendment to the list to be prepared; and thereupon the provisions of sub-rules (13) and (14) shall mutatis mutandis apply to such amendments.]
37. ...............
[[38. Persons to be qualified to be elected.
(1) Every person who is an agriculturist, and who is residing in the market area and is not less than twenty-one years of age on such date as the Collector [or the District Deputy Registrar, as the case may be,] may be for the purpose of any election or bye-election specify in this behalf shall, unless disqualified under these rules, be qualified to be elected.
[..............]
(2) Every person whose name is in the list of voters of the Traders Constituency shall unless disqualified under these rules, be qualified to be elected by the Traders' Constituency.[.................] Explanation - A person shall be deemed to reside ordinarily within the market area, if he
(a) has actually resided therein for an aggregate period of not less than 180 days during the calendar year preceding that in which the list of voters for the time being under preparation for Co- operative Societies or Village Panchayats' constituency is provisionally published under sub-rule (6) of rule 36, or
(b) has maintained within the market area for an aggregate period of not less than 180 days during the calendar year preceding that in which the lists of voters for the time being under preparation for such area is provisionally published under sub-rule
(6) of rule 36, a dwelling for himself in- charge of his departments or servants and has listed such dwelling during the year first mentioned in connection with his business, in the constituency.
(3) If any question arises whether any person is or is not an agriculturist residing in the market area for the purpose of this rule, the matter shall be decided by the [Collector] as provided by sub-section (2) of section 2.]]
[(4) Every Person whose name is included in the list of voters prepared under rule 35-A shall unless disqualified under these rules, be qualified to be elected to the [Mumbai Agricultural Produce Market Committee.]
[(4) Every person whose name is in the list of voters of the hamals and weighmen's Constituency shall unless disqualified under these rules, be qualified to be elected from that constituency.]
08. The market committee is constituted of members from various fields. Every market committee consists of
(a) Co-operative Societies constituency,
(b) Village Panchayat Constituency,
(c) Traders Constituency and
(d) Hamals and Weighmens constituency.
09. Each constituency consists of the whole of the market area. Initially the term was to come to an end in February 2011, but the term was extended by six months and as such the term was to come to an end in August 2011. The general elections of the market committee as such were due in August 2011.
10. The list of voters was revised as on 28th February 2011. The petitioners herein were enrolled as members in the month of May/June 2011. The petitioners' names were not included in the voters list, the petitioners filed objection before the Returning Officer suggesting inclusion of their name. The said objection of the petitioners were rejected by the Returning Officer on the ground that on the cut off date i. e. six months prior to the due date of the general election, they were not enrolled as members of the Committee. In fact, they were registered after the cut off date. The petitioners' were seeking their enrollment as members in the voters list from the Co-operative Societies constituency, as their objections have been rejected, they have filed the present writ petitions.
11. Perusal of the provisions and more particularly Sec. 14 of the statute it is manifest that the members of the market committee are to be elected in the manner prescribed by the Rules. It further lays down that the Rules may also provide for the determination of the constituencies, the preparation and maintenance of list of voters, persons qualified to be elected, right to vote amongst other things. It is clear that the statute does not lay down as to when Co-operative Society, its members would be qualified to vote in the election. The statue only mandates that the elections shall be conducted as per the Rules. 12. The Rules of 1967 does not lay down the provisions for publication of provisional list and thereafter a final list, but if we go through the scheme of Rule 36, the list which is revised, prepared and published under Sub Rule 6 of Rule 36 would be in the nature of provisional list and same is made final after deciding the objections under Sub Rule 11 of Rule 36. Further still powers are given to the Collector/Returning Officer to republish the list and if he finds that the names of any persons is not entered in the final list of voters can again amend the same and include it in the final list of voters prior to the three days of last date of filing of the nomination paper.
13. Rule 35 of the Rules of 1967 deals with the various constituencies, the duties of the Collector. The Collector is required to prepare the voters list separately for each of the District and Talukas. Rule 36 deals with voters list, wherein powers are given to the Collector to call upon the District Deputy Registrar of the Co-operative Societies to prepare and furnish to him the list of the members of the Agricultural Credit Societies and the Multi Purpose Co-operative Societies. So also separate list for each of the constituencies. Sub Rule 2 of Rule 36 lays down a mandate that every such list shall be revised before the general election at least six months before the date on which the term of market committee is due to expire. Reading Sub Rule 2 of Rule 36 it is manifest that the list has to be revised at least six months before the due date of the expiry of the term of the market committee. The proviso to Sub Rule 2 gives the power and authority to the Collector to direct the revision of such lists also at any other time before any general election is due. Much emphasis was placed by Shri Deshmukh, the learned counsel on this proviso to submit that the said proviso gives power to revise the list at any time before any general election is due, it cast duty on the Collector to revise the list as and when the new members are enrolled.
14. The proviso to a particular provision of a statute only embraces the field which is covered by the main provision. A proviso cannot be construed as enlarging the scope of an enactment, when it can be fairly and properly construed without attributing to it that effect. A proviso has no repercussion on the interpretation of enacting portion of the section so as to exclude something by implication which is embraced by clear words in the enactment. The general rule in construing an enactment containing a proviso is to construe them together and read the whole section/Rule, inclusive of the proviso in such a manner that they naturally throw light on each other and result in harmonious conclusions so that neither of them is made redundant or otiose.
15. The proviso to Sub Rule 2 of Rule 36 will have to be interpreted on the touch stone of the aforesaid principles. The phraseology of Sub Rule 2 of Rule 36 is unambiguous and when the meaning of the proviso does not admit of any ambiguity, a literal meaning is to be attached to it. Sub Rule 2 of Rule 36 lays down that every such list shall be revised before the general election at-least six months before the date on which the term of market committee is due to expire. It lays down a mandate and obligation that the list shall be revised at least six months before the term of market committee is due to expire. Once the said list is revised as per Sub Rule 2, then in such circumstances, the same would be the voters list. The scheme of Rule 36 is such that after the list of voters is published, then objections are invited as per Sub Rule 7 of Rule 36. The objections having been received are to be decided by the Collector and the order passed by the Collector on the said objection is made final by virtue of Sub Rule 10 of Rule 36. As per the decision on the objections the list is to be amended and final list is to be published as per Sub Rule 11 of Rule 36.
16. Proviso to Sub Rule 2 of Rule 36 will have to be read harmoniously with Rule 2. It will have to be read in a manner that both co-exists and head on collusion between the two shall have to be avoided. The proviso cannot be interpreted in a manner which would render Sub Rule 2 of Rule 36 as a useless lumber or a dead letter. Sanctity will have to be given to the mandate cast upon the Collector or the authority to revise the list at least six months before the date on which the term of market committee is due to expire. If the proviso is interpreted in the manner that even after the publication of list of voters as provided in Sub Rule 2, the Collector can still revise the cut off date, then the same would not be in consonance with the mandate. It would be doing violance to the language and the phraseology of Sub Rule 2 of Rule 36.
17. Much emphasis was laid by the learned counsel for the petitioner on the interpretation of word 'may' in the said proviso that said word may in the proviso shall be interpreted as shall.
18. In Sub Rule 2 the legislature has used the word shall, whereas in proviso the legislature has used the word 'may'. The fact that the legislature in its wisdom has used the word 'may' in proviso and shall in Sub Rule 2, clearly speaks about its intention. It strengthens the inference that the said words are used in their primary sense and the literal meaning should be attached to it. The said word 'may' in the proviso gives discretion to the authority i. e. in certain contingencies such list can be 27 wp 5711.11 revised before the general election is due. The same would be under certain contingencies, the same cannot be read in a blanket manner. In the case of Bhatu Devidas Patil referred supra, this Court had held that the members of the village panchayat had changed and so their names were required to be included in the voters list. The gram panchayat was already in existence and was in the list of voters which was revised six months prior to the due date of election. But during the interregnum, the members of the panchayat had changed and so their names were required to be included. This Court had held that the same is permissible. In the present cases, the petitioners were registered as Co-operative Societies in May and June 2011 i. e. just three to four months before the date when the general elections were due and after the voters list was revised. If the argument of the learned counsel for the petitioner is accepted that at any time i. e. up to three days prior to the last date of filing the nomination the list can be revised, then that would lead to anomalous situation and different cut of date would be required to be provided for different constituencies. The proviso cannot be stretched so far.
19. The arguments that some times 'may' can be interpreted as 28 wp 5711.11 shall as is held in a case of Ambica Quarry Works, etc. referred supra and in a case of State of Rajastan and others Vs. Hari Shankar, so also in a case of Bachahan Devi and another referred supra need not be dilated. The same is a settled position. Even the Apex Court in a case of Bachahan Devi and another refer supra has held as under :
14. "36...... mere use of word 'may' or 'shall' is not conclusive. The question whether a particular provision of a statute is directory or mandatory cannot be resolved by laying down any general rule of universal application. Such controversy has to be decided by ascertaining the intention of the Legislature and not by looking at the language in which the provision is clothed. And for finding out the legislative intent, the Court must examine the scheme of the Act, purpose and object underlying the provision, consequences likely to ensue or inconvenience likely to result if the provision is read one way or the other and many more considerations relevant to the issue."
The word 'may' has to be interpreted as per the object, purpose and the scheme of the Act. As discussed above, the revised voters list is published, the names of the petitioners did not appear, nor they were in existence on the said date, they were enrolled subsequently. In view of Sub Rule 2 of Rule 36 of said 29 wp 5711.11 Rules, they cannot claim any right to get their names included in the voters list.
20. The Division Bench of this Court in Writ Petition No. 5799 of 2008 decided on 22nd October, 2010 has held as under :
It is evident from sub rule (1) of Rule 36 that members of the Village Panchayats within the area of operation of the A.P.M.C., are ex-officio voters at the election of A.P.M.C. There was no dispute that there is no other provision regarding cut off date for preparation of voters list except sub rule (2) of Rule
36. It is evident from the language of sub rule (2) that it is discretionary for the respondents Nos.3 and 4 to revise the list of voters at any other time but it is mandatory to revise it before each general election. Such a revision before general election has to be at least six months before the date on which term of the Market Committee is due to expire.
. In the matter at hands, there is no dispute that term of last elected managing committee was to expire on 28-7-2008 (in fact now expired). Consequently, Rule 36(2) of the Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967 required the Collector to revise the voters list on or before 28-1-2008. If that be so, anybody admitted to the membership or voters list after 28-1-2008 would not be in a position to vote at the election for managing committee which is to take over on expiry of the term of earlier managing committee which ended on 28-7-2008. " The said decision would also cover the matter in controversy in the present case.
21. Taking into account the aforesaid principles and the scheme of the Rule 36, there cannot be any doubt that the petitioners who are registered in May and June 2011 are not entitled nor eligible to be included in the list of voters.
22. In view of the above, the order impugned in the present writ petitions cannot be faulted with. As such, the writ petitions are dismissed, however, with no order as to costs.