Section 38 in The Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967
38. [ Persons to be qualified to be elected. [Modified as per Government Notification No. APM. 2069/7757-C-1, dated 8th February, 1971 published in M.G.G., Part IV-B, dated 27th May, 1971, p. 833.]
(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 may be for the purposes 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 Trader's Constituency; [* * *] [The words 'and every person whose name is not in such list shall not be qualified to be elected from that constituency' were deleted by G. N. of 7.6.1990.]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 Panchayat's Constituency is provisionally published under sub-rule (6) or 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 list 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 incharge of his dependents of 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] [This word was substituted for the word 'Director' by G. N. of 7.6.1990.] as provided by sub-section (2)].(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.] [Sub-rule (4) was previously deleted and again added by G.N. of 7.6.1990.]
