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5. Writ Petition No. 4436 of 1998 and Writ Petition No. 4912 of 1998 challenge order dated 30-9-1998 passed by the District Deputy Registrar, Cooperative Societies, Parbhani, bifurcating Agricultural Produce Market Committee, Pathri, into two separate Market Committees, Pathri and Hadgaon (Bk). It is contended that the action is mala fide and is taken to suit the political purpose. Though the then Chairman of the Market Committee, Pathri, had informed that in the meeting dated 17-6-1998 of the Market Committee, a resolution approving the proposal for the bifurcation was considered and passed; yet, in fact, no such resolution was ever passed and the resolution which was brought into existence in this connection was a fabrication by the outgoing Chairman of the Market Committee, who had faced No Confidence Motion on 24-8-1997. It is also contended that such a resolution was not mentioned in the agenda and it was never discussed. The proceedings were manipulated by the then Chairman and, therefore, there is no consultation with the Market Committee concerned. The meeting of the Market Committee was called on 8-9-1998 and Resolution No. 7, which was later on inserted without having any discussions, was not confirmed and, instead, it was resolved that the Market Committee, Pathri, should not be bifurcated. It is also contended that power to be exercised under section 44 of the said Act has to precede by the procedure calling for objections, if any, from all those affected, and since it has not been done, the exercise is without jurisdiction. It is also contended that the Market Committee would never be viable. Market Committee, Manwat, which had about 100 villages in its jurisdiction was bifurcated in the year 1981; 49 villages were included in the jurisdiction of Pathri Market Committee, and the remaining 51 were retained in the jurisdiction of Manwat Market Committee. Now, Pathri Market Committee is again sought to be bifurcated, thereby retaining 23 villages in the jurisdiction of Pathri Market Committee and allotting 26 villages in the proposed Hadgaon (Bk) Market Committee, it is contended that this is being done for the political convenience, so that persons can be nominated by the State Government under the colourable exercise of power.

33. Writ Petition No. 4436 of 1998 and Writ Petition No. 4912 of 1998 challenge the bifurcation of Pathri Market Committee into two separate Market Committees, one at Pathri and another at Hadgaon (Bk).

34. Formerly, Manwat had a Market Committee. It had 100 villages in its jurisdiction. It was bifurcated some time in 1981, thereby creating two separate Market Committees, one for Manwat with 51 villages in its jurisdiction; and another at Pathri, with the remaining 49 villages in its fold. Now, by the impugned order, Pathri Market Committee is subjected to bifurcation and 23 villages will be covered by the Pathri Market Committee; and the remaining 26 villages will come under the jurisdiction of new Hadgaon (Bk) Market Committee.

35. An argument was advanced that the bifurcation is not at all in the interest of the agriculturists or the regulation of the marketing of the agricultural produce. It is being done to see that the elected representatives are thrown out and the Government gets a right to appoint the new committees to induct persons of their choice by back door. On 25-8-1998, Member of the Legislative Assembly from Pathri Constituency gave a letter to the Minister for Co-operation proposing the bifurcation of the Pathri Market Committee into two separate Market Committees, one at Pathri and another at Hadgaon (Bk). On that very letter, on the very same day, the Minister appears to have endorsed in the following terms:

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36. A decision to bifurcate was taken in principle by the Minister, even without asking for any details or any justification. Then the things started moving. On 27-8-1998, it was directed by the Director of Marketing to the District Deputy Registrar, Parbhani, to send a proposal for bifurcation of Pathri Market Committee into Pathri and Hadgaon (Bk.) Market Committees separately; and thereafter, the proposal was submitted by the District Deputy Registrar. The letter gives the details of the expenses and income of Pathri Market Committee, from which it can be seen that the expenses are barely met out from the income. It was also mentioned that in Hadgaon (Bk) at present, there is no business and, therefore, there is no income. The only observation favourable to the proposal of bifurcation is that it would be convenient for the agriculturists.