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This is an archive article published on March 29, 2012

HC orders state to hold elections for Pune APMC

The Bombay High Court has directed the state government to hold elections to appoint a democratically elected body in the Pune District’s Agricultural Produce Marketing Committee with immediate effect.

The Bombay High Court has directed the state government to hold elections to appoint a democratically elected body in the Pune District’s Agricultural Produce Marketing Committee (APMC) with immediate effect. For the past four years,the body is being governed by an official appointed by the state government. The court decision came in response to a writ petition by one Shekhar Badade,a trader at Pune APMC.

The APMC was established in 1957 and was converted into a Regional Marketing Committee on January 10,2008. Though,as per the Maharashtra Agricultural Produce marketing (Development and Regulation) Act,1963,the committee should be operated by elected representatives,no election was conducted since 2008. In 2008 the elected Board of Directors of the committee was dissolved by the state following allegations of corruption.

Justifying the delay in holding elections,the joint director of marketing had reasoned in an affidavit submitted in the court,that a proposal for bifurcation of territorial limits of the APMC to segregate some of the talukas from its purview and establish Taluka Market Committees was under consideration. He added that an election at this stage would be impractical as upon division,fresh elections will have to be held for the newly-established Taluka Market Committees resulting in unnecessary expenditure.

The bench comprising justice N M Jamadar and justice A M Khanwilkar observed that as no elected committee was put in place,the members of APMC have been denied the opportunity to express their grievances on the issue of bifurcating or on continuation of the administrator to manage the affairs of the body. “We cannot do better than issuing direction to the respondents to forthwith hold elections to install the democratically elected committee in the APMC. The argument of impracticability or avoidable expenditure,in our opinion,cannot legitimise the continuation of the administrator to govern the body,that too,unabated,” observed the court.

The court observed that it was aware of the fact that the government authorities (State Government and the Director of Marketing) have gone on record in an affidavit to state that the division of APMC shall be completed within a period of six months.

“There is no guarantee that the said process will not be objected to at a later stage after a formal decision in that behalf is taken (thus causing further delay),” observed the court. J Deshmukh,administrator of APMC,said he is yet to receive the authentic copy of the verdict.


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