Section 14 in The Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963
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 of 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 provision regarding election expenses.(2)If for any reason any persons, co-operative society or its managing committee or a Panchayat 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 members as aforesaid, the State Government may, be order in the Official Gazette extend 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-law made there under, or any other law for the time being in force, for 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 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 name or names of elected member 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 member of the Market Committee.(b)If at a general election the names of any persons to be elected under sub-section (1) or (1 A) 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 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.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.
