SUDHIR MADHUKAR BHOMALEversusBHAVANA ABHINATH SHENDE AND ORS

2026:BHC-AS:35629

              Megha                                               26_wp_7889_2026


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO.7889 OF 2026

              Sudhir Madhukar Bhomale                            ...Petitioner

                                V/s.

              Bhavana Abhinath Shende and Ors.                  ...Respondents
                                           ________________
              Mr. Drupad S. Patil (through vc) with Mr. Balasaheb G. Ligade for the
              Petitioner.
              Mr. Divyesh K. Jain for Respondent No.1.
              Mr. P.G. Sawant, AGP for Respondent-State.
                                           ________________


                                                      CORAM: SANDEEP V. MARNE, J.

                                                      DATED: 29 AUGUST 2026.


              P.C.:


              1)      The Petition challenges order dated 9 January 2026 passed by the
              Divisional Joint Registrar, Pune Division, Pune, (Divisional Joint
              Registrar) dismissing Appeal No.96 of 2025 filed by the Petitioner and
              confirming the order dated 14 August 2025 passed by the District
              Election Officer, Agricultural Produce Market Committee (APMC)
              /District Deputy Registrar, Co-operative Societies, Pune (District Election
              Officer), disqualifying the Petitioner under Rule 10(3) of the Maharashtra
              Agricultural Produce Market Committee (Election to Committee) Rules,
              2017 (APMC Election to Committee Rules) and declaring that the

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Megha                                                      26_wp_7889_2026


position of Chairman of the APMC, Khed has become vacant from 14
August 2025.


2)       I have heard Mr. Patil, the learned counsel appearing for the
Petitioner and Mr. Jain, the learned counsel appearing for Respondent
No.1 and have considered the submissions canvassed by them.


3)       Perusal of the orders passed by the District Election Officer/
District Deputy Registrar and Divisional Joint Registrar would indicate
that the Petitioner is disqualified on a solitary ground that the land is
owned by his father and not by the Petitioner himself. Under Rule 9, as
amended vide Notification dated 15 March 2023 it appears that the first
proviso to sub-rule (1) lays down twin requirements of (i) holding
minimum 10 R agricultural land in the market area and (ii) sale of
notified agricultural produce at least three times in the preceding five
market years before declaration of election in the market area. Proviso to
sub-rule (1) of Rule 9 of the APMC Election to Committee Rules reads
thus:-
               Rule 9 Persons qualified to be elected
               (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 the date
               specified by the State Co-operative Election Authority, if required
               with the help of the Collector or the District Deputy Registrar, as the
               case may be, unless disqualified under the Act or rules and whose
               name appears in the final voters list shall be qualified to be elected
               by the agriculturists constituency.

               Provided that, for the purpose of contesting election under clause (a)
               of sub-section (1) of section 13, the candidate shall hold minimum
               10 R of agricultural land in the market area and must have sold his
               notified agricultural produce at least three times in the preceding
               five market years before the date of declaration of election in the



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Megha                                                     26_wp_7889_2026


               market area and it shall not be required that his name appears in the
               Voters’ list.

4)      Thus, first requirement under Rule 9 is to merely hold minimum
of 10 R of agricultural land. The said Rule does not require that the
candidate contesting the election must own the land. In my view,
therefore, the District Election Officer /District Deputy Registrar as well
as Divisional Joint Registrar have erred in disqualifying the Petitioner on
the ground of non-ownership of the land by him. Though the land may
be owned by the Petitioner’s father, so long as he proves holding of the
land for the purpose of cultivation and selling the agricultural produce,
eligibility within the meaning of Rule 9 would stand acquired.


5)      The definition of the term ‘Agriculturist’ under Section 2(1)(b) of
the APMC Act is as under:-


               2. Definitions

               (b) "agriculturist" means a person who ordinarily by himself or by
               hired labour or otherwise is engaged in the production of growth of
               agricultural produce which has not been processed, but does not
               include a trader, commission agent, processor or broker, an employee
               of Government or of any co-operative society or of a Market
               Committee, or a partner in trading firm or an industrial concern in or
               in relation to agricultural produce although such trader, commission
               agent, processor, broker, an employee of Government or of any co-
               operative society or of any Market Committee or a partner in trading
               firm or an industrial concern may also be engaged in the production
               or growth of agricultural produce;

6)      Thus, what is envisaged under the APMC Act is not ownership of
the land but even a person, who is merely engaged in production or
growth of agricultural produce is required to be treated as an
agriculturist. Concept of the Act and the Rules is thus that the emphasis

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                          Megha                                                     26_wp_7889_2026


                          is on cultivation and not ownership. In that sense, it was not necessary
                          for the Petitioner to prove that he owns the land.


                          7)          Mr. Jain has sought to highlight the position that the certificate
                          of agriculturist produced by the Petitioner is faulty. However, this
                          objection need not detain the Court any further since disqualification of
                          the Petitioner is not ordered on account of any defect in the certificate.
                          Even otherwise Explanation to Proviso to Rule 21(4) merely requires
                          issuance of certificate by the Talathi that the candidate is an
                          agriculturist. In the present case, Tahasildar has issued certificate in
                          favour of the Petitioner.


                          8)          Considering the above position, in my view, impugned orders
                          passed by the District Election Officer/ District Deputy Registrar and
                          Divisional Joint Registrar are unsustainable and liable to be set aside.


                          9)          Petition accordingly succeeds. Order dated 9 January 2026 passed
                          by the Divisional Joint Registrar as well as order dated 14 August 2025
                          passed by the District Election Officer/ District Deputy Registrar are set
                          aside. Writ Petition is allowed in above terms. There shall be no order as
                          to costs.


                                                                                [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                               Page No.4 of 4
Designation: PA To Honourable Judge                           29 August 2026
Date: 01/09/2026 11:04:07