Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Deepak Kochhar & Anr vs The Government Of Nct Of Delhi & Ors on 10 November, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~60
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 15284/2022 & CM APPLs. 47419-47420/2022
                                 DEEPAK KOCHHAR & ANR.                                   ..... Petitioners
                                                    Through:     Mr. Raj Kishor Choudhary, Mr.
                                                                 Shakeel Ahmed, Mr. Rizwan Ahmad,
                                                                 Mr. Nakul Chaudhary and Mr. Amir
                                                                 Kareem, Advocates.

                                                    versus

                                 THE GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
                                                    Through:     Mrs. Avnish Ahlawat, Standing
                                                                 Counsel with Mr. Nitesh Kumar
                                                                 Singh, Ms. Laavanya Kaushik and Ms.
                                                                 Aliza Alam, Advocates.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV NARULA
                                              ORDER

% 10.11.2022

1. Present petition pertains to election of members to Agricultural Produce Marketing Committee ['APMC'] of Azadpur, Delhi, as well as Delhi Agricultural Marketing Board.

2. The Delhi Agricultural Marketing Board is an apex body created under the erstwhile Delhi Agricultural Produce Marketing (Regulation) Act, 1976 (later replaced by 1998 Act) and is entrusted with the overall supervision and control of all the existing Market Committees, development of new markets, improvement in marketing services and to provide additional facilities like grading and standardization. There are a total of 9 agricultural / mandi marketing committees established by the Government of Delhi.

3. Grievance of Petitioners is that, while voter list of each APMC is separate and members of each APMC can vote in election of their respective APMC, however, as per rules, members of all other APMCs can cast their votes in the election of APMC Azadpur, and have thus been included in the voter list prepared for the said APMC.

4. They submit that they have made a representation to this effect before the Development Commissioner of GNCTD, as well as Hon'ble Lieutenant Governor of Delhi, seeking exclusion of such members, and that "the right of voting to elect the members of APMC, Azadpur, Delhi may be restricted to the New Subzi Mandi, Azadpur, and its Sub-Yard Okhla, Delhi as in the case of other committees."

5. Mrs. Avnish Ahlawat, Standing Counsel on behalf of Respondents, on the other hand, states that entire petition is completely misconceived. She states that while the other APMCs are established under Sections 35 and 36 of the Act, APMC Azadpur enjoys a special status of being registered as a 'Market of National Importance' under Section 26 of Delhi Agricultural Produce Marketing (Regulation) Act, 1998. It thus enjoys certain special privileges and procedures and cannot be equated with the other APMCs of Delhi. Further, the provision for elections is given under the Delhi Agricultural Produce Marketing (Election) Rules, 2000. Rule 3 thereof reads as under:

" 3. Constituencies. - (1) For the purpose of election of one member for the Delhi Agricultural Marketing Board from the traders and commission agents licensed under section 80 of the Act as provided under clause (b) (iii) of sub-section (1) of section 5 and three members from licensed traders and commission agents for marketing committee of national importance as provided under clause (b) of section 27 of the Act, licensed traders and commission agents of all the marketing committees in Delhi established under the provisions of the Act, shall constitute one constituency each for Signature Not Verified Digitally Signed W.P.(C) 15284/2022 Page 2 of 4 By:SAPNA SETHI Signing Date:14.11.2022 14:40:58 Board and marketing committee of national importance respectively.

(2) For the purposes of election of two members by traders and commission agents and one member by weighmen and measures, for a market committee as provided by clause (b) and (e) of sub-section 1 of section 36 of the Act, every market area shall consist of :-

(a) Traders and commission agent constituency; and

(b) Weighmen and measurers constituency, (3) The traders and commission agents constituency and weighmen and measurers constituency shall consist of the whole of the market area."

6. She states that in terms of Rule 3 above, members of other committees have been statutorily permitted to be included in the voter list of markets of national importance. She further submits that this position has been in practice since 1998 although the Rules were formally framed in the year 2000. Thus, there is no merit in the prayer sought by the Petitioners.

7. When confronted with the above position, Mr. Raj Kishor Choudhary, counsel for Petitioner is unable to deny that APMC Azadpur is a committee of national importance. He reiterates that while members of other committees are allowed to vote in the election for APMC Azadpur, however, members of APMC Azadpur do not get a reciprocal privilege to vote in other marketing committees' elections. He also takes the court through Rules 4 (3), 5 and 6, however the same do not shift the winds in his favour.

8. It must also be noted that Petitioners have approached this Court at the nth hour. The qualifying date for electoral roll was 12th September, 2022.

9. The election notice was published on 26th September, 2022. Objections were called up to 03rd October, 2022. Final voters list was prepared on 10th October, 2022. Elections are now scheduled for 06th December, 2022, which are held every four years. The petition seems no more than a half-baked attempt to stall or delay the election process, especially when ample time was Signature Not Verified Digitally Signed W.P.(C) 15284/2022 Page 3 of 4 By:SAPNA SETHI Signing Date:14.11.2022 14:40:58 available to make such a challenge. Even then, before this Court, Petitioners have not raised a challenge to any of the Rules. Their grievance remains limited to the point of parity with members of other APMCs in terms of voting rights. This is not a sustainable reason for entertaining the present petition, especially in the face of an express right granted by the Rules.

10. For the reasons stated above, in the opinion of the Court, the petition is completely misconceived.

11. Dismissed, along with other pending applications.

SANJEEV NARULA, J NOVEMBER 10, 2022 d.negi Signature Not Verified Digitally Signed W.P.(C) 15284/2022 Page 4 of 4 By:SAPNA SETHI Signing Date:14.11.2022 14:40:58